Research On The Judicial Application Of The Green Principle Of Civil Code In Contract Disputes

From the green principle written into the original“General provisions of civil law”,and then into the“Civil Code” and in each sub-section have corresponding green provisions,the green principle has shown very exuberant vitality in the judicial application inquiry,and has basically realized the greening of our country civil code.The green principle is embodied in“Green collateral obligation”,“Green post-contract obligation”and“Green packaging obligation” The entry of Green Clause into contract editor faces the relative contradiction between“Green intervention”and“Autonomy of will”,from the contradiction between the social interests protected by public law and the personal interests protected by private law to the present“Autonomy of will” and“Green Intervention”,the two complement each other,this is the optimization and transcendence of“Autonomy of will” in the field of contract,and the coordination of the layout of the green principle with the contents of the general provisions,contracts,and other legal codes.Through the analysis of the application of the green principle in the contract disputes,the paper points out that the green principle is facing the connotation extension understanding,the abuse leads to the improper consequence,and the different judgments in the same case reduce the judicial credibility,the inadequacy of reasoning affects the persuasiveness of the document,and the contract validity rules of the green principle are not clearly defined.This article mainly analyzes the present situation and problems of the application of the green principle in the field of contract disputes,some suggestions are put forward,such as strengthening the understanding of the connotation of the green principle,strengthening the explanation of the reasons of the judgment,perfecting the effectiveness rules of the green principle,etc..