On The Implementation Of "Green Principle" In The Contract Of Civil Code

In the face of the severe situation of environmental protection and ecology,China issued and implemented the general principles of civil law in October 2017 to respond in time,and set up the "green principle" unprecedented in Article 9.This is not only a rational choice under the trend of civil law socialization,but also an inevitable requirement to make up for the defects of environmental law with civil law mechanism.Although the "green principle" was finally established after twists and turns,it should be implemented to the specific rules of the various parts of the civil code before it can be truly implemented by China.At present,both the tort law and the property law have implemented the "green principle" to a certain extent through the design of specific rules,but the contrast between the current contract law in force and the draft of the three deliberation contracts is rarely reflected.If the contract system is not active and slack in the implementation of the "green principle",it will lead to the lack of environmental protection system in the contract transaction,which will further aggravate the serious consequences of environmental degradation and resource depletion.In view of the establishment and understanding of the "green principle" and its further implementation in the contract compilation,China’s current legislative system is not perfect,with only scattered normative system,lack of specific theoretical support and legal basis,and judicial application needs to be further improved.Contract transaction and regulation play an important role in civil law.This paper tries to analyze the "green principle" established in the general principles of civil law and how to further implement the "green principle" in contract compilation.Through the green design of the contract system,we should strengthen the basic principle position of the "green principle" itself in civil law,give full play to the commander-in-chief effect of the "general principles of civil law",establish the connection with the "green principle" around the drafting of the civil code contract subdivision,fully reflect the "green principle",practically realize that the "green principle" has legal basis in the contract subdivision,and better improve the civil law system of our country.This paper is divided into four parts to analyze the implementation of "green principle" in the contract of civil code.The first part is to understand the origin,development,connotation and essence of "green principle" according to the current legal provisions and theoretical research in China.The second part mainly studies the system category of "green principle" in the main civil legal system and its legislative status in the contract,and demonstrates the necessity of implementing "green principle" in the contractof civil code according to the actual situation of our country.The third part,based on the fact that the implementation of the "green principle" in the contract compilation of the civil code has practical difficulties,mainly reveals the problems existing in the implementation and then explores the macro way out.The fourth part of the main implementation of the existing problems targeted to specific solutions.