标题:The Contribution of China's Civil Law to Sustainable Development: Progress and Prospects
作者:Zhai, Tiantian; Chang, Yen-Chiang
作者机构:[Zhai, Tiantian] Shandong Univ, Sch Law, Qingdao 266237, Peoples R China.; [Chang, Yen-Chiang] Dalian Maritime Univ, Sch Law, Dalian 116026, Peoples 更多
通讯作者:Chang, YC
通讯作者地址:[Chang, YC]Dalian Maritime Univ, Sch Law, Dalian 116026, Peoples R China.
来源:SUSTAINABILITY
出版年:2019
卷:11
期:1
DOI:10.3390/su11010294
关键词:greening of civil law; green principle; civil law codification;; ecological civilization; China
摘要:Environmental protection is mainly the focus of environmental law in China, but as China has started to pursue ecological civilization, its civil law has begun to respond to environmental problems as well, which is called the "greening of civil law". As a result, the newly passed General Provisions of Civil Law adopted a "Green Principle" requiring private actors to contribute to resources conservation and environmental protection in civil activities. Through normative and comparative analysis, this article explores the establishment of the "Green Principle", the rationales for civil law's response to environmental problems in China, the progress already made, and the further efforts that are needed. It argues that the major challenge for the greening of China's civil law at present is the modification of the subsequent sections of the forthcoming civil code. Despite the progress that has already been made, further efforts are needed regarding the following aspects: environmental and resources protection should be taken into account in contract rules concerning the validity, performance, and interpretation of contracts, and rules on emission trading contracts should be added; the property section should stipulate the unified exercise of state ownership over natural resources; and the "personality rights" section should stipulate environmental rights so as to clarify the right that is violated in environmental public interest litigation.
收录类别:SCOPUS;SCIE;SSCI
资源类型:期刊论文
原文链接:https://www.scopus.com/inward/record.uri?eid=2-s2.0-85059689058&doi=10.3390%2fsu11010294&partnerID=40&md5=a35cb0869995c13c01c98df4c2df85cd
TOP