Research On The Application Of Green Principle In Civil Trial

In recent years,with the development of the socialist economy with Chinese characteristics,the ecological environment of the our country is becoming more and more prominent,seriously affected the production and life of the social public,under the background of ecological era,people place gradually transforms the traditional consciousness of people with the concept of society as the standard,at the same time,the legal system on accordingly established the principle of "green",took an important step in the coordinated development of all aspects of society.In other words,Article 9of the Civil Code stipulates that "when civil subjects engage in civil activities,they shall be conducive to saving resources and protecting the ecological environment".The proposal of this principle is a major progress in the transformation and development period of the new era and is conducive to the development of socialism with Chinese characteristics.However,due to the short period of law application after the establishment of this principle,there are many problems in its application in civil trial.It is urgent to solve the major problem of the absence of civil law rules and give the new principle space for growth.First of all,this paper expounds the principle of green of related theory,from the basic concept of green principles,characteristics and theoretical basis,and,in turn,this paper discusses the related with the basic principles of the civil and applicable value,fully shows the importance of green principles and special value,for later in-depth analysis the green principle applies in the civil trial problem lay the foundation.Secondly,the case analysis method is used to collect and sort out the judicial cases,and the application of the green principle in civil trial is analyzed in a typed way.The typical cases are extracted for analysis and explanation,and the current situation of the judicial application of the green principle is described.In addition,this paper analyzes three prominent problems in the application of green principle in law.First,the object of judicial application is vague,and the extension of application to "resources" and "ecological environment" is not clear.Second,the rules of judicial application are improper,mainly including the neglect of the application premise of legal principles,resulting in the tilt of the green principle to the general provisions,different cases of the same judgment phenomenon;Third,the field of judicial application is limited,the civil subject’s weak awareness of green rights protection leads to the fact that it seldom applies the green principle to seek rights relief,and fails to realize the effective restraint on the contract behavior.At the same time,the paper analyzes the reasons for the above-mentioned problems in the application of green principle,including the solidification of the deep-rooted traditional cognitive paradigm of civil law,the imperfect legislative basis and the lack of unified judicial standards.Furthermore,in order to apply the green principle scientifically and accurately,improve its application and maximize the legal and social effects,this paper,guided by the existing problems and the green development of civil law,puts forward the following three suggestions.First,we should clarify the applicable objects of the green principle,correctly define the connotation and extension of "resources",and systematically explain the "ecological environment".Secondly,it clarifies the applicable rules of green principle and standardizes its application in civil practice.Specifically including clear green principle applicable conditions,reduce the risk of its abuse;Unify the standard of judicial application,establish a more consistent judgment scale,reduce the possibility of the occurrence of different cases;To establish the supporting rules for the judicial application of the green principle to improve the quality and efficiency of civil trials;Reasonably restrict the discretion of judges and improve the authority of judicial trial.Third,to increase the basis for the application of green principle,we can take measures such as establishing the right to environmental health,improving the natural resource asset system,adding green contract validity rules,contract interpretation rules and adding famous contracts in the field of environment.Therefore,in order to solve the application problem of the green principle in civil trial,this paper initially put forward relatively perfect suggestions,and clarified the applicable conditions and applicable rules for the accurate application of the green principle,which can promote the application of the green principle in civil trial to a clearer and broader road forward.However,as a new basic principle of civil law,the degree of social acceptance of green principle still needs to be expanded,and its application problems need to be further solved.Only in this way,can the application value of green principle be realized to the greatest extent,so as to provide a basis for adjudications of individual cases,pursue substantive justice,perfect the value system of civil law and promote the development of green economy.