Research On Judicial Application Of Green Principle In Civil Code

Incorporating the green principle into the Civil Code is an effective measure to realize the close connection between the legal norms related to environmental protection and the civil law system,which embodies the political system arrangement and new development concept of the Party since the 18 th National Congress.The green principle breaks the traditional cognition of civil law,makes environmental problems have laws to follow in the civil field,and embodies the trend of ecological and green development of civil law.The thesis is divided into four parts: The first part is the theoretical overview of the green principle,through the interpretation of the meaning and system to grasp the connotation of the green principle,from the theoretical basis and practical basis of the two levels of the green principle into civil law legitimacy and necessity.The second part is to understand the status quo of the application of the Green Principle through the research sample found that the Green Principle is mainly applicable to real right disputes contract disputes and tort liability disputes play the role of filling loopholes value oath legal interpretation and legal amendment of the judicial functions.The third part analyzes the crux of current practice and its causes,and thinks that the green principle improperly restricts the private rights of the parties in judicial application,and there is a risk of abuse and the judge’s argument has flaws.And from the application of isolation,legislative fuzziness,external factors and other aspects of its causes.Four parts are based on the existing problems to explore the corresponding improvement countermeasures.First,strengthen the construction of relevant supporting systems,strengthen the connection between Civil Code and The Environmental Protection Law,and establish matching legal rules.Second,the application of green principles from the judicial level is assisted,typical problems are solved in combination with guiding cases,and judicial interpretation is used to guarantee the implementation of unity.Third,strengthen and standardize judges’ interpretation and reasoning,improve the case guidance system,and strengthen judges’ reasoning responsibility.As a new legal principle,the social acceptance of green principle still needs to be further expanded.Solving the current problems in time is conducive to maximizing the value of green principle,providing judgment basis for individual cases and providing legal guarantee for promoting the development of green cause.