论绿色原则在合同纠纷中的司法适用

On the judicial application of green principle in contract disputes

绿色原则自写入《民法总则》以后,在司法实践特别是合同纠纷类案件中,被广泛适用。但是,因其具有模糊性、灵活性与时代性,导致法官在适用绿色原则来审理合同案件时,已出现自由裁量权较大、同案不同判等现象。为了让绿色原则更具有操作性与指引性,需明确它的适用标准。通过对裁判文书进行类型化研究,总结出该原则的适用条件及范围,以期在未来的司法实践中,为法官提供审判案件的参考依据。

Since it was written into the General Principles of Civil Law,green principle has been widely applied in judicial practice,especially in cases of contract disputes.However,due to its fuzziness,flexibility and times,judges have more discretion and different judgment in similar cases when they use green principle to hear contract cases.In order to make the green principle more operational and guiding,it is necessary to clarify its applicable standards.Through the typification of judicial documents,the application conditions and scope of this principle are summarized so as to provide reference basis for judges to judge cases in future judicial practice.