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Research on Judicial Application Dilemmas of the Green Principles in the Civil Code: Translated from 32 Legal Documents as Analytical Samples

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DOI: 10.23977/law.2024.030208 | Downloads: 10 | Views: 220

Author(s)

Weixu Tian 1

Affiliation(s)

1 School of Marine Law and Humanities, Dalian Ocean University, Dalian, 116023, China

Corresponding Author

Weixu Tian

ABSTRACT

In 2020, the Civil Code was enacted, with the Green Principles established as a restrictive fundamental principle within it. The Green Principles, as stipulated in the Civil Code, not only establish the concept of ecological environmental protection but also establish environmental protection obligations for civil subjects, thus incorporating environmental rights into civil law, which is beneficial for safeguarding individuals' environmental interests. Through the analysis of over thirty legal documents, it was found that due to issues such as the unclear judicial application of key terms like "environment" and "resources" and the ambiguous scope of application of the Green Principles, there exists a dilemma in the judicial application of the Green Principles, resulting in insufficient discretionary power. Therefore, efforts should be made from both the perspective of interpretative theory and judicial theory to strengthen the interpretative principles of the Green Principles in civil law and enhance efforts towards judicialization of the Green Principles.

KEYWORDS

Current Status of Judicial Application; Dilemmas in Judicial Application; Pathways to Implementation

CITE THIS PAPER

Weixu Tian, Research on Judicial Application Dilemmas of the Green Principles in the Civil Code: Translated from 32 Legal Documents as Analytical Samples. Science of Law Journal (2024) Vol. 3: 55-61. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030208.

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