Analysis of the legal application of the Green Principle in the field of grassland law
The green principle is included in the Civil Code as the original of China,and the green principle also runs through as one of the basic principles of the Civil Code.Grassland is spread all over China,and the ec-ological function is significant.If the green principle is combined with the grassland legal norms,it will build the legal barrier of grassland ecological civilization construction in China.However,at present,there are some prob-lems in the application of green principle in the field of grassland law,such as not playing the educational func-tion,solving the conflict of interest,limiting the application of law enforcement and confusing judicial applica-tion.The reasons have two sides:first,the green principle can fit with the standard of grassland public law;Sec-ond,there is a certain conflict between the green principle and the grassland private law.The green principle is essentially a private law principle,which can be applied to the settlement of civil disputes in grassland as a re-strictive principle,but generally can not be applied to the field of public law.In order to promote the application of the green principle in the field of grassland law,the green principle can be integrated with the traditional no-madic culture and play an educational function.It is necessary to use the principle of proportionality to balance the interest imbalance in the application process of the green principle,and integrate the concept of the green principle into the grassland administrative law enforcement through public law and private law,and finally in-tegrate the green principle into the field of private law to lead the construction of ecological civilization.
Green principlegrassland methodapplication of lawinterest measurementgrassland eco-logical civilization
万方数据
维普
