Study On The Application And Development Of "Green Principles" In Contracts

Article 9 of the Civil Code of the People’s Republic of China（hereinafter referred to as the Civil Code）officially confirms the important status of the "green Principle" in the form of basic principles of civil law.In the field of contract,contract compilation is an important part of the Civil Code,and contract disputes account for the largest proportion in the practice of civil disputes.Therefore,it is necessary to keep pace with the development of The Times,interpret and express the "green principles" in contract compilation,and apply the "green principles" to contract disputes.However,how to apply the "green principle" to the settlement of contract disputes without violating the relativity of contracts is a problem that we need to solve urgently.Therefore,we need to focus on grasping the scale of the role,integrate the consideration of the "green principle" into many clauses in the contract,and apply it flexibly in the specific practice process.This paper mainly discusses the following four parts:First of all,the first part specifically describes how the "green principle" breaks through the relativity problem of contracts.After solving this problem,the "green principle" is reasonable and has special significance in the application of the contract field.The first section mainly discusses the two theoretical bases on which the "green principle" can be applied in contract disputes,namely the relational contract theory and the contract justice theory.The conflict between them is resolved.The second section analyzes the commonalities between the "green principle" and the principle of public order and good customs,so that the "green principle" is more logically introduced into the contract field,and expounds the practical significance of applying the "green principle" in the contract field.The second part of this paper analyzes the embodiment of "green principle" in contract compilation.The first section clarifies how to interpret the provisions of contract editing from the perspective of green ecology by analyzing the text of contract editing in the Civil Code.In the second section,this paper specifically analyzes how to use the interpreted clauses to judge contract disputes.In the third part,this paper counts the judicial application of the "green principle",and the first section analyzes the specific types of judicial application and the circumstances and ways in which they are applied.The second section mainly describes how to integrate "green principle" into the effective,performance and modification of contracts,mainly from the perspective of legislators,and specifically introduces how "green principle" develops as a legal system in the basic norms of contract law,so as to guide judicial work.In this part,the author tells how to implement the "green principle" concretely in the basic provisions of the contract law,such as the effective provisions of the contract law,the implementation provisions of the contract law and the modification provisions of the contract law.The third section mainly summarizes the general extent to which the "green principles" are applied in contract disputes,their application in various regions,and the overall problems that arise.The fourth part mainly explores what countermeasures should be taken to solve the problems,such as unifying the applicable standards of "green principle" in contract disputes,expanding the scope of judicial application appropriately on this basis,and strengthening the explanation of the reasons for adjudication.This paper summarizes both theoretical and practical aspects of the problem.At the theoretical level,there are problems that the goals pursued by the "green principles" contradict the direction of the concept of freedom of contract in contract law,and there are also problems with the interpretation and application of the "green principles" in contractual texts.At the practical level,it mainly explores the problems and countermeasures of the lack of specific implementation rules for the application of the "green principle" in different types of contract disputes.From the practical level,the paper focuses on the problems and countermeasures of the lack of specific implementation rules for the application of "green principle" in various types of contract law.Take the relational contract theory and the contract justice theory as the theoretical basis for the "greening" of contract editing,and complete the green implementation of contract disputes under their guidance,so that they can be fully used in the field of contracts.