The green principle runs through the editor-in-chief and deputy editor-in-chief of the civil code, such as:
Article 9, the chief editor of the Civil Code, stipulates that civil activities should be conducive to saving resources and protecting the ecological environment.
Article 509 of the Civil Contract Law stipulates that the parties shall fully perform their obligations as agreed. The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.
During the performance of the contract, the parties shall avoid wasting resources, polluting the environment and destroying the ecology.
Article 1229 of the Tort Liability Law of the Civil Code stipulates that the infringer shall bear the tort liability if it causes damage to others by polluting the environment or destroying the ecology. Wait a minute.
Second, what are the manifestations of the green principle of the Civil Code?
First, Article 9 of the General Principles of the Civil Law stipulates the "green principle", that is, civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment. In general, the General Principles of Civil Law makes a general provision on environmental protection obligations that all civil activities should abide by, which provides a basis for implementing the "green principle" in the following sub-rules.
Second, the three parts of the civil code stipulate the "green" system respectively. "For example, it is proposed in the Property Law that solid waste shall not be abandoned in violation of state regulations, and harmful substances such as air pollutants, water pollutants, noise, light and electromagnetic wave radiation shall be discharged; It is emphasized that the establishment of the right to use construction land should meet the requirements of saving resources and protecting ecological environment. The contract stipulates that the parties should avoid wasting resources, polluting the environment and destroying the ecology during the performance of the contract. "
Third, in the tort liability, a special chapter is used to stipulate the tort liability for polluting the environment and destroying the ecology.
On the basis of the original "environmental pollution responsibility", the Civil Code supplemented "ecological damage responsibility" and revised this chapter to "environmental pollution and ecological damage responsibility"; It also clarifies the way and content of investigating the liability for compensation for ecological environment damage, stipulates that the organs stipulated by the state or the organizations stipulated by law have the right to request the infringer to bear the responsibility for repairing ecological environment damage, and clarifies the content of compensation for losses and expenses. "In the past, in terms of substantive law, compensation for ecological environmental damage has always lacked a basis. The relevant provisions in the Civil Code now enable the two to cooperate organically to carry out environmental governance, which provides legal protection for improving the compensation system for ecological environmental damage. "
Third, the legal basis of the green principle.
Article 129 If damage is caused to others due to environmental pollution or ecological destruction, the infringer shall bear the tort liability.
Article 1230 In the case of a dispute caused by environmental pollution or ecological destruction, the actor shall bear the burden of proof if he does not assume or mitigate his responsibility as stipulated by law, and if there is no causal relationship between his behavior and the damage.
Article 1231 Where two or more infringers pollute the environment and damage the ecology, their respective scope of responsibility shall be determined according to the types, concentrations and emissions of pollutants, the way, scope and degree of ecological damage, and the role played by their actions in the consequences of the damage.
Article 123 If an infringer violates the law and intentionally pollutes the environment and destroys the ecology, thus causing serious consequences, the infringed person has the right to demand corresponding punitive damages.
Article 123 If environmental pollution or ecological damage is caused by the fault of a third party, the infringed may claim compensation from the infringer or the third party. After compensation, the infringer has the right to recover from the third party.
The above is an introduction to the embodiment of the green principle in the Civil Code. The green principle is mainly to better protect people's living environment, avoid the destruction of the ecological environment and make full use of social resources. If you don't understand this, I suggest you consult a lawyer.