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Unleashing the Green Principle in the Chinese Civil Code: Embedding Private Law into the Green Transition
Open accessAbstract
This comment discusses the Green Principle under the new Chinese Civil Code and its potential to embed private law into the green transition. Based on selected case law, this paper discusses the various mechanisms employed by Chinese courts to channel ecological values into civil adjudication. Through this analysis, I hope to position the green principle not only as part of the consitutionalisation of private law in China but also as a gateway for ecologisation of private law. China’s approach serves as an inspiring model for the greening of private law. An introductory blogpost: https://blog.uni-koeln.de/eclrhub/2024/01/14/embedding-private-law-into-the-green-transition-the-case-of-the-green-principle-under-the-chinese-civil-code/
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“Theoretically, Article 9 possesses immense potential as a tool against greenwashing. It could function as an interpretive guide for other statutes, a declaratory norm of conduct, and, most powerfully, as a subsidiary source of liability (Szpotakowski 2020, 233; Ouyang 2023).”
From Green Labels, Red Flags: Comparative Legal Pathways to Environmental Legitimacy in the European Union and the People’s Republic of China (2025) · cites this paper as Ouyang 2023
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- Republic of China, the Succession Law of the People's Republic of China, the General Principles of Civil Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Security Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Real Right Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, and the General Provisions of Civil Law of the People's Republic of China shall be repealed at the same time
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- 2021, See the Guiding Opinions on Deeply Promoting the Integration of Socialist Core Values into the Analysis and Reasoning of Adjudicative Instruments (????????????????????????? ?????) issued by the Supreme Court on
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- 50 This is in terms of both duly exercising their power to regulate environmental compliance and properly fulfilling their duty to act in an environmentally friendly way. For the former, see, for example, the Environmental Protection Law 2014 which lays out the framework for environmental supervision. For the latter, see, for example, Art. 9 of the Public Procurement Law which requires that public procurement should promote
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- H W Micklitz, 2023, The Greening of European Business under EU Law: Taking Article 11 TFEU Seriously (Routledge 2015), 114. 60 In the context of European consumer law, see E Terryn, The Transformation of Consumer Law and Policy in Europe, 10.5040/9781509963058 · DOI
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Metadata
- Authors
- Ouyang, J.
- Affiliations
- University of Groningen (NL)
- Corresponding author
- Ouyang, Jie
- ORCID
- Ouyang, Jie
- Venue
- SSRN Electronic Journal
- Publisher
- Elsevier BV
- Published
- 2023
- ISSN
- 1556-5068 (ISSN-L)
- OpenAlex
- W4389545621
- Cited by
- 1
- References
- 0
- Citations by year
- 2026: 1
- Type
- posted content
- Language
- en
- Open access
- green
- doi.org
- Locations
- SSRN Electronic Journal (acceptedVersion)
- University of Groningen research database (University of Groningen / Centre for Information Technology) (submittedVersion, other-oa)
- Topics
- Social Sciences › Law › Environmental law and policy
- Social Sciences › Law › Comparative International Legal Studies
- Social Sciences › Law › Legal principles and applications
- Keywords
- Chinese Civil Code, green transition, private law, case law, ecological values, environmental law
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