On The Concretization Of The Green Principle In The Property Rights Section

The article 9 of the Civil Code establishes the green principle,which is a response to the crisis of resources and environment in China and reflects the distinctive characteristics of The Times.As the object of the legal relationship,the ecological environment is mainly subject to the norms of property rights and appears in the identity of "things" or "property" in the legal norms.The real right book is the most direct bridge between human and nature in the field of law,and the basis for adjusting human environmental behavior,so it is of direct practical significance to study the embodiment of green principle in the real right book.To understand the green principle,it is necessary to define the connotation of "resources" and "environment" in the green principle through systematic interpretation and semantic interpretation,so that the green principle can become a bridge between environmental law and civil law.As a restrictive principle to adjust the relationship between man and nature,the green principle corrects and remedies the basic system of civil law which takes personal interests as the center.Grasping the environmental protection orientation of the green principle is the basis for the green principle to harmonize the conflicts of multiple values,limit the improper exercise of real rights,and ease the contradictions within and between generations.To implement the green principle in the real right compilation is not only to comply with the requirements of the development law of the socialization of private law,but also to transform the basic principles of civil law into concrete rules.It is necessary to promote the realization of the main idea of making full use of the real right,and it is also the objective demand to restrict the real right which is too absolute by using the environmental protection obligation added to the civil subject by the green principle.With the maturity of the concept of environmental protection,people’s ability to accept the obligation of environmental protection is further improved,and their awareness of environmental rights and interests is further enhanced,which makes it possible to realize the realization of environmental private interests.As the basic principle of civil law,the green principle has general guidance to the civil activities related to environmental protection in the real right book,and can be used as the basis of defining the real right and ability,and can play a practical legal effect on resource conservation and environmental protection.The realization of the green principle in the real right book is a necessary condition to give full play to the guiding role of the green principle.The green principle is mainly realized in the two parts of ownership and usufructuary right in the current real right books,but there are some problems,such as the defects of natural resource ownership,the difficulty of the existing adjacent relationship to deal with new infringement,the imperfection of the real right change system,and the limitation of the environmental protection function and scope of the easement system.As for the future development direction of usufructuary right,the author puts forward the legal effect of recognizing preoccupation,obtaining in time limitation and abandoning behavior in the ownership division,so as to realize the ecological value of natural resources,expand the protection scope of adjacent relationship,and puts forward the conception of creating usufructuary right,such as the right to use natural resources and the environmental servitude.