On The Development Of The "Green Principle" In The System Of Contract Compilation In China’s Civil Code

In November 2012,ecological civilization construction was put on the agenda in the report of the 18 th CPC national congress.In October 2015,with the convening of the fifth plenary session of the 18 th central committee of the CPC,ecological civilization enhancement was written into the national five-year plan for the first time.In March 2017,the "green principle" was established as a basic principle of civil law.The establishment of "green principle" as the basic principle of civil law is an effective mechanism for civil law to respond to environmental protection issues and a preliminary effort made by civil law for the construction of ecological civilization in China.But the contribution of civil law for the construction of ecological civilization can’t stop there,in order to better implement the principle of "green",effectively guide the civil subject "green" production and living trading behavior,the principle of "green" to carry out the civil code of the parts,especially the make up of civil contract,should be a follow-up of civil law for the construction of ecological civilization.The civil code contract codification is the basic law to adjust the civil transaction activities.Therefore,in order to speed up the establishment of the legal system of green production and consumption,the "green principle" should be implemented in the contract,so as to guide people’s "green" trading behavior,and cultivate people’s ecological safety consciousness and transaction safety consciousness.Although the "green principle" is restricted by the principle of contract freedom in the civil code,the system and theory of the contract law should be changed in practice with the development and change of the society.The relational contract theory,which takes social relations as the key research object,provides theoretical resources for the greening of the contract compilation of civil code.The theory of contract justice,which pursues substantial justice and resolves value conflicts,provides theoretical support for the creation of specific norms of "green" contract compilation.In addition,due to the lack of relevant norms and guidelines in the practice of civil transactions concerning environmental resources,the practical need for "green" contract norms has been put forward.The realization of ecological civilization construction and the implementation of the "green principle" need the "green" transformation in the general rules of contract compilation of civil code,such as the rules of contract effectiveness,contract performance,contract preservation,contract modification and termination,and contract interpretation.To be specific,"contracts that seriously damage the ecological environment and waste resources are invalid" should be added in the conditions of contract invalidation,so as to guide the contracting parties to "green" contracting behavior.The contract should be performed in a manner that is conducive to resource conservation and ecological protection,so as to guide the "green" performance of civil subjects and prevent the parties from damaging the environment during the performance of the contract.At the same time,in order to promote the prosperity of the trading market of environmental resources,guide the green contracting behavior of civil subjects,and promote the development of environmental civil contracts to be beneficial to the conservation of resources and the protection of ecological environment,it is suggested to add a chapter of named contracts when integrating the contract compilation in the civil code,that is,"green" contracts.In this chapter,pollution discharge contract,natural resource allocation contract and environmental service contract are specified.