Expanding The Green Principle In China's Tort Law

The "Green Principle" written in the "General Principles of Civil Law" is an important legislative measure to promote the construction of ecological civilization,and the "green" concept is introduced into civil law to provide a criterion for private law judgments for civil activities.In order to improve the "green" level of our national law,solve China's outstanding environmental problems,and embody the tort law of civil subjects and environmental issues as an important area of civil law to protect the environment,it is necessary to expand the green principles in detail Citizens' awareness of environmental protection,the improvement of infringement legislation and the implementation of environmental protection work,have a huge role to play in solving China's environmental problems.However,the existing provisions of China's tort law are not enough to reflect the green principle of conserving resources and protecting the ecological environment.It is difficult to realize the new legislative positioning of tort law to protect the environment.The "greening" of tort law is still a direction worth exploring.From the perspective of articles 65 and 66 of tort law of China,this thesis consists of five chapters,the first chapter analyzes the green principles of the basic meaning,to clarify its meaning,produce the green principles as a defining principle of balance between man and natural relationship to ease the problem of resource constraints and environmental concerns have helped.China's tort law is a concentrated embodiment of adjusting the relationship between civil behavior and the environment.The “greening” trend of international civil law and China 's ecological policy have given it a new era mission.The new positioning method,it is necessary to expand the green principles in our tort law.The second chapter studies the relevant legislation and judicial interpretation of China's tort law,and reviews and analyzes the "Civil Code Tort Liability(Draft)(three review drafts)" and finds that China's tort law norms lack the green principle embodiment,and there are infringements.The type of behavior is not precise and scientific enough,and the relief of civil subjects and environmental damage caused by torts is incomplete,the meaning of the green principle is not clear,and the functions are not clear.The third chapter is to maintain the purity of civil law and to provide value,institutional ideas and boundaries in the realization of the Green Principles in tort law.Environmental law and tort law should not be confused with each other.The green principle must be launched within the value objectives of China's tort law "When establishing a relevant tort system,the legislative purpose and system nature of the tort law itself must not be changed.The fourth chapter studies the reflection and analysis of the green principle in extraterritorial tort legislation or jurisprudence.It starts with the types of torts,the attribution principle and its relief system,and draws inspiration from advanced foreign experience to comprehensively "green" China's environmental torts."Ecological" : expand the types of environmental torts in our country,and improve the corresponding relief,including the relief of spiritual damage to people and the relief of the ecological environment,manifested in the addition of compensation for mental damage,punitive damages,liability for ecological restoration,etc.The last chapter realizes the green principle in China's tort law from two approaches: legislation and justice.Clarify the functions of the Green Principle in China's tort law;Expand the types of infringements and their principles of imputation;Improve the due system of green principles in the tort liability of our national code: These include the establishment of a compensation system for mental damage,punitive damages for intentionally violating state regulations.At the same time,clarify the rules and scope of the green principle in the judicial application of environmental infringement,and avoid it becoming a universal article in judicial practice.