Construction and Improvement of Civil Code from the Perspective of Ecology

Abstract

With the continuous introduction of policy documents, China's ecological civilization construction is gradually advancing. Ecological civilization needs legal response. China's General Principles of Civil Law established "green principle" as the basic principle of civil law for the first time, and carried out through various systems in the specific provisions of civil code. This paper adopts the sociological analysis method to sort out the interaction between legislation and society, and then puts forward some Suggestions to improve the legislation of civil code. In the published draft of civil code, the Ecologization of Torts Law is the highlight, and the compensation system for ecological environment damage is detailed and specific. However, there is still much room for improvements in property rights, contract and personality rights. In order to meet the needs of ecological civilization construction, the real right system should be adjusted in the concept of real right and  the attitude of animals; the contract system should make a breakthrough in the named contract types and regulate carbon trading; in the specific personality right system, the environmental right should be protected by the expansion of the protection of rights and interests in the tort liability law.