论《民法典》“绿色原则”适用困境及其解决路径

On the Application Dilemma and Solution Path of the “Green Principle” in The Civil Code

“绿色原则”入《民法典》,是对新时代环保问题的有力回应,且在相关的司法判决中表现出了自身的价值与力量。但是于争议中诞生的“绿色原则”先天便带有缺陷,导致在司法适用的混乱,遭到了社会广泛质疑。通过文献综述和案例分析后发现,该原则存在语义模糊性、法律规则支撑不足、与物权关系不明确等问题,导致在实际司法裁决中的应用受到限制。为解决这一问题,有必要对“绿色原则”的相关概念进行明确界定,并借助法律解释规范其含义。此外,可以考虑适当扩大解释,在调和公权与私权的关系上找到平衡,以填补法律漏洞,确保其在司法实践中的有效应用,有效应对新时代环保挑战。

The inclusion of the “green principle” in The Civil Code is a strong response to environmental issues in the new era, and has demonstrated its own value and strength in relevant judicial judgments. However, the “green principle” born in controversy has inherent flaws, leading to confusion in judicial application and being widely questioned by society. After literature review and case analysis, it was found that this principle has issues such as semantic ambiguity, insufficient legal rule support, and unclear relationship with property rights, which have limited its application in practical judicial decisions. To address this issue, it is necessary to clearly define the relevant concepts of the “green principle” and regulate its meaning through legal interpretation. In addition, it is possible to consider expanding the interpretation appropriately to find a balance in reconciling the relationship between public and private rights, in order to fill legal loopholes, ensure its effective application in judicial practice, and effectively respond to environmental challenges in the new era.