Study On The Legal Application Of Green Principle In Forest Land Contract

Stability of forestry resources is related to China’s social and economic development and people’s happiness index.The so-called forestland contract from the perspective of green development is oriented to sustainable development,integrates the rights and obligations of ecological protection into the contract terms,and integrate,expand and alternately express the concept of ecological protection and the concept of the contract system.Now,both the "green principle" of the Civil Code and the urgent need for forest resource protection in the Forest Law all indicate the necessity of ecological protection for both parties to the forest land contract.Through the investigation of the text of the forest land contract,after analyzing the text patterns of different forest land contracts,it is found that there are practical problems such as the conflict between the economic value and the green principle,the absence of ecological protection obligations and the responsibility of ecological protection is separated.For the dilemma of legal application in the green development of forestland contracting contracts,by summarizing the successful experiences of foreign countries on forestland contracting contracts,guide the revision and improvement of forestland contracting contracts in China,including the implementation of ecological protection in the specific provisions of the forest land contract and the implementation of ecological function protection measures in the forest land contract.Under the call of the "green principle" in the new era,there is no doubt about the importance of forest land contracts in ecological protection,and perfecting the legal application countermeasures of the green principle of forest land contract has become the top priority.This includes strengthening the consideration of ecological factors in forest land contracts.and implement the mandatory provisions of the green principle to harmonize the value conflict between the green principle and the forest land contract;apply the ecological protection incentive mechanism and increase the ecological responsibility performance method to activate the ecological protection obligation of the forest land contract;expand the content of the contract subject’s ecological responsibility and add the contract subject’s ecological responsibility assessment and evaluation system to clarify the protection responsibility of the forest land contract.