On The Green Principle In Civil Law Of China

At present,the contradiction between human development and environmental protection is becoming more serious,which has caused a series of environmental problems.China urgently needs to actively respond to environmental crises through the rule of law.The Green Principle,as a new principle,is interdependent with other basic principles,and has the relationship between coordinating economic development and ecological protection,coordinating the relationship between transaction security and ecological security in economic development,coordinating the relationship between intergenerational and intra-generational equity,and improving the civil law system.The function of the spirit of the new era,the green principle has innovated the traditional civil law theory,and has a deep theoretical foundation and important practical value.The meaning of the green principle is understandable,but its application still has many challenges in judicial practice.Due to the relatively abstract and ambiguous provisions of the Green Principles in China at the legislative level,the relevant systems in judicial practice are not perfect and their implementation is difficult.The implementation of the Green Principles is facing various difficulties.At present,China does not have a clear and unified definition of the Green Principle,and its connotation and extension are vague.The lack of supporting rules in the application of the Green Principle is difficult to implement,and there is no clear standard in the process of judicial application,which often leads to similar cases.However,phenomena such as large differences in referee results have occurred,and it is difficult to balance and coordinate between specific regulations.In order to break through the predicament faced by the green principle,legislation should start with clarifying its connotation and extension,and improve in judicial practice from the direction of moderately restricting judges’ discretion and strengthening case guidance.At the same time,it must also refine relevant applicable standards Improve the public interest litigation system to provide procedural guarantees,and strive to establish a unified and coordinated legal system.Finally,the Green Principles should be systematically developed in the Civil Code,and the corresponding divisions should be provided for the Green Principles from the sub-organizations of property rights,contracts,tort liability,and personality rights,to ensure that the green principles are truly implemented.