May 29, 2020，General Secretary Xi Jinping pointed out in the speech where the Politburo of the CPC Central Committee was chaired by the Political Bureau of the CPC Central Committee.，Civil Code system has integrated civil law specifications formed by the long -term practice of New China for more than 70 years，Drawing the excellent legal culture of the long history of the Chinese nation，Budging from the beneficial results of the construction of human rule of law civilization，Is a distinctive Chinese characteristics、Practical features、Civil Code of the Time。In the world，The Chinese Civil Code for the first time stipulated "civil subject engaged in civil activities，It should be conducive to saving resources、Protection of Ecological Environment "" Green Principles "，Edited in the property right、contract editor、Implementing the infringement liability editor，The "Green Rules" system formed by the Civil Code，It is a successful practice of combining the achievements of the civilization of the rule of law with the ecological wisdom of the Chinese nation and the legal culture。

　　bet365 best casino games Question of green development

One aspect，The compilation of the Civil Code must be implemented to implement the "Beautiful China" construction target determined by the Constitution。Constitution revised in 2018，Establishing the grand goal of "building our country into a rich, democratic, civilized, harmonious and beautiful socialist modernization"。Write the implementation of the new development concept into the constitution，Create necessary conditions for the sustainable development of the Chinese nation，It also reflects the pursuit of the people for a better life，Requires people to respect nature、Awe of nature、Care for nature，Consciously and responsiblely adopt resource -saving type、Environmental friendly production lifestyle，Maintain ecological balance。These "constitutional specifications" provide full "legislative basis" for the Civil Code。In the compilation of the Civil Code，Implement Xi Jinping Ecological Civilization Thought，"China will respect nature、bet365 best casino games conforms to nature、The concept of protecting nature，Perform the basic national policy of saving resources and protecting the environment ... Leave Sky Blue for future descendants、Di Green、The requirements of the production and living environment of water "are implemented，It is needed by the times、The people's hope。

On the other hand，rooted in Western philosophy and law concepts、Civil Code produced in the era of the "Water Polish Wind"，Taking the pursuit of personal interests as "heaven"，Revisiting public affairs such as ecological environmental protection。Civil Code as the basic law of personal relationships and property relationships between the subject of equality between the civil law，"Master and Guest Two points" philosophy based on "the standard of all things"，Adhering to "Autonomy、contract freedom "concept，Established a system system with the "My Territory" with ownership as the core，Established "Wind Energy Entry、Rain can enter、The rights and power boundary of the king cannot enter。other，In Western Law Theory，The Civil Code belongs to a typical private law，It is the field of personal autonomy; environmental protection law belongs to public law，Is the area of ​​public rights。After the occurrence of environmental problems，Western developed countries are specifically formulated the laws of environmental protection，Established a relatively complete environmental protection legal system outside the Civil Code in the form of public law。

but，The internal internal of traditional civil law indeed exists with high tension between people and natural relationships，This is also the institutional cause of human ecological environment dilemma。Generally speaking，The Civil Code of the Civil Code to solve the relationship between the relationship between people and resources by adjusting the relationship between property。People are the main body，Naturally it is object，The increasingly scarce natural resources and the rapid growth of the population、In the case of infinite expansion，The relationship between people and resources is becoming more tense。It can be said in a certain sense，It is precisely because of the absolute ownership in civil law、Meaning Autonomous、Principles of Personal Responsibility，Only by human beings to develop and use natural Bet365 app download resources、problems that pollute the environment and destroy the ecology。Therefore，Chinese Civil Code compilation should establish a green development within the Civil Code、Legal mechanism to protect the ecological environment，Must face the philosophical basis of traditional civil law、Value concept and the huge challenge of environmental protection of "natural rejection" of the system，Find a practical path to realize the concept of green development and beautiful Chinese construction goals to the rule of civil code。

　in traditional Chinese legal cultureWisdom of Ecology

In recent years，Facing the severe reality of environmental problems in the world，All national codes give to varying degrees of response。For example，Austria、Germany、France、Russia、Swiss Civil Code establishes new rules for "animals is not things"，It is required to protect animals as special objects; Vietnam Civil Code stipulates: "Civil acts must comply with environmental protection regulations。"The Ukrainian Civil Code stipulates environmental security rights, etc.。It reflects continuing to uphold "Autonomy、Contract Freedom "，New concepts that accept the restrictions on individual freedom to protect the environment of the environment，Its achievements should be used by the Chinese Civil Code。But these are relatively scattered and focusing on the "correction" of specific systems，It has not fundamentally resolved the philosophical basis of civil law and environmental protection、Value orientation、Institutional concept contradictions and conflicts，For the desire to promote green development、The Chinese Civil Code of the People's Livelihood as the vitality and internal mechanism of the people's livelihood，Obviously not enough。

Xi Jinping's ecological civilization thought is rooted in traditional Chinese culture，It also leads the Chinese Civil Code compilation work to draw wisdom and strength from the Chinese legal traditions。When we turn our eyes to the history of Chinese civilization with a long time，Finally found "Golden Key" that solves the establishment of a green development mechanism within the civil code。The opposition between people and nature is the root cause of environmental problems，Essentially a question of human attitude towards nature。The philosophical bet365 best casino games view of the philosophy of "the scale of all things" that has adhered to the civil code of the civil code，Chinese traditional culture adheres to the natural view of "unity of heaven and man"。Ancient thinkers advocated the heavenly、Di、People are considered as a unified harmony as a whole，Both the subjective initiative of people，Reform and use nature; respect the objective laws of nature，Production and living on the basis of protecting natural resources and ecological environments，So as to build people and nature to coexist and co -prosperous、The relationship between harmonious development。From the perspective of ancient thinkers，"Being self -made" is also "the nature of yourself，Full of humanity，The sexuality of all things "，The process of "make everything to live"。The essence is human、I take into account，People、Take care of it。It can not encourage humans to greedily capture natural resources、Destroy the ecological environment，It is not allowed to completely prohibit human development and use of natural resources、In the situation of hunger and cold。Under this ethical concept guidance，People can achieve harmony with nature、Symbiosis and win -win。

"Take the Time" in ancient Chinese laws，The Principles of Festivals "，Very good reflecting the simple nature view of "unity of heaven and man" and the basic ethics of "becoming self -made"。Most of the environmental legislation in ancient China has the provisions of "prohibited by time"。For example, "Qin Law · Tian Law" stipulates: "Spring February，Do not dare to cut the material of the wooden forest and Yong (壅) embankment。"requires that obtaining natural resources must conform to the laws of climate change in the four seasons and the laws of animal and plant growth。"Big Yuan System Strike" stipulates:，Except for the wild sector of the annual campaign, the house is cured，No one is a ban, etc.，You must not fly to catch the child。"requires people to obtain natural resources must have a certain limit，It must be restrained，Forbidden destruction、Deepy development。other，There is a traditional tradition of "the Fa -fit" in China，No private law、Division of Public Law。For example，"Tang Law Shu" stipulates: "It has a cave wall，In the streets with dirty stains，Sixty sticks。"" is prohibited Bet365 app download from pollution with criminal law，Protecting the environment。

　"Green Civil Code"Answer in the era of ecological civilization

China's excellent traditional culture and legal thought，Provided us with the relationship between people and nature in the civil code、Ecological wisdom that promotes green development。allows us to follow the basic logic of the Civil Code，Through legislative technology，Both the modern ecological civilization view of "people and nature is the community of life"，It also reflects "the environment is people's livelihood，Qingshan is beautiful，Blue Sky is also happy，The development of the economy is for people's livelihood，Protecting the ecological environment is also for people's livelihood "" people's center "purpose。The basic principle of civil law is the general regulations on civil activities，With the core value of declaration of civil law、Lead the status and functions of all civil systems。"Green Principles" stipulated in Article 9 of the Civil Code，The principles of the construction principles of ecological civilization construction and "equality of the ecological civilization construction of" man and nature is the community of life "that continues the view of the ancients、Volunteer、Honest and Credit "and other traditional civil law basic principles are placed in the same position，An declaration of green development concept、Establish ecological security and environmental justice value，Limit the adverse ecological environment impact that may cause civil activities，In order to establish the interest balance mechanism between the civil subject and the ecological environment within the civil law，Concept and value standards to solve the contradictions and conflicts of personal economic interests and ecological public interests。

In the Civil Law Dianli Rights Compilation，Not only adheres to the principle of "things with things" that adheres to the traditional civil code.，Ethical ethics，According to the concept of ecological civilization construction of "green water and green mountains is the golden mountains and silver mountains", "green water and green mountains are also people's health"，Establish a system of "property rights" and "property rights and justice" system。From the aspects of private benefits and public welfare，Protect the ecological environment，Guarantee of the people's environment bet365 best casino games welfare。For example，In terms of environmental private benefits，Water for people's life、Drainage、Ventilation、Light、Frequently living environmental issues such as Rizhao and pollution substances are required，Establish the bottom line of protecting the beautiful living environment。In terms of environmental public welfare guarantee，Clearly specify the right to use construction land，It should be in line with resource conservation、Requirements to protect the ecological environment，Establish a reverse incentive mechanism for environmental public welfare protection。

The Civil Code contract editor while adhering to the principle of autonomy of contract，Drawing on the absorption of ancient China "take it" and "take it out，The legal thought of use "，According to "save resources、Ecological civilization construction strategy，Increase the terms related to ecological environmental protection on the basis of the original contract law，Green requirements for economic activities。For example，Avoid waste resources、pollution environment and damage ecology "clearly stipulates that it is green constraints for contract performance，The green principle is used as an attachment obligation to perform the contract; it also increases the obligation to "recycling old objects" and according to the "benefit to save resources、Protecting the Ecological Environment "requirements Determine the provisions of the packaging method。

Civil Code infringement liability editors, while adhering to the principle of traditional civil law "own responsibility" and "private rights relief"，Drawing on the thinking of ancient Chinese laws，According to "the strictest system、Ecological civilization construction requirements of the rigorous rule of law to protect the ecological environment，illegal costs to improve environmental pollution and ecological destruction behavior，Establishing the "Public Law Obligation，Private Law Operation "mechanism，The communication and coordination of the Code and special environmental legislation reserved a broad space。For example，Special chapter stipulates "Responsibility for Environmental Pollution and Ecological Destruction"，expanded the type and scope of environmental infringement liability。On the basis of the original infringement liability law, add environmental infringement punitive compensation regulations，Bet365 app download Improve the illegal cost of environmental infringement。Especially the provisions of adding ecological environmental damage compensation request rights and compensation scope，For the first time, it provides a complete basis for request rights for my country's "green litigation"，Solving the civil legislation after there is environmental legislation、Many problems brought about by judicial practice，Provides the foundation of the physical law for the construction of a modern environmental governance system。

(The author is the dual -hired professor of the Law School of Tsinghua University、Vice President of the Chinese Law Society、The person in charge of the Environmental Resources Law Research Association of the Chinese Law Society)