Research on the Green Principle of the General Principles of Civil Law from the Perspective of the Compilation of the Civil Code of China
Journal Title: International Journal of Trend in Scientific Research and Development - Year 2019, Vol 4, Issue 1
Abstract
With the continuous development of society, environmental problems are also facing a severe test. People also put forward new requirements for the practical application of green principles. Based on the compilation of the Civil Code, this paper introduces the current research and analysis of the green principles by experts at home and abroad, expounds the connotation of the green principles, analyzes the implementation and application of the green principles and the problems encountered. In the process of discussion, the implementation and implementation of green principles in Contract Law, Property Law and Tort Liability Law are elaborated. In view of the specific problems hindering the implementation of the green principle, from the perspective of the compilation of Civil Code, through the study of the green principle involved in the relevant laws in the draft Civil Code, this paper puts forward concrete and feasible suggestions from multiple angles, promotes the development of the green principle, promotes the development of the ecological environment in China and realizes the harmonious coexistence of human and nature In addition, this paper also discusses the shortcomings of the green principle in the use of legal provisions, such as the implementation of the green principle, the legislative value needs to be balanced and coordinated, the connotation and requirements need to be clear, the legal system needs to be promoted, the security system needs to be improved, and the implementation of the green principle needs to be strengthened. In view of these shortcomings, this paper puts forward some suggestions to effectively play the civil law The guiding role of the green principle in the general principles for the compilation of the specific provisions of the Civil Code, the reasonable definition of the connotation and requirements of the green principle in the process of the compilation of the Civil Code, the scientific handling of the relationship between the green principle in the compilation of the Civil Code and other civil principles, the balance and coordination of the relationship between the green principle in the Civil Code and the principles of the environmental law and the circular economy promotion law, and the continuous improvement of the implementation of the green principle in the Civil Code The system of barrier system and the emphasis on strengthening the principle and system connection between the specific provisions of Civil Code. Changjun Wu | Huimin Yan "Research on the Green Principle of the General Principles of Civil Law from the Perspective of the Compilation of the Civil Code of China" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-1 , December 2019, URL: https://www.ijtsrd.com/papers/ijtsrd29569.pdf Paper URL: https://www.ijtsrd.com/management/law-and-management/29569/research-on-the-green-principle-of-the-general-principles-of-civil-law-from-the-perspective-of-the-compilation-of-the-civil-code-of-china/changjun-wu
Authors and Affiliations
Changjun Wu | Huimin Yan
Keywords
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