The Chinese Civil Code and Green Principles

The Chinese Civil Code and Green Principles Presented by: Yongmin Bian (University of International Business and Economics) Progress Related To Conservation Of Eco- System 1. Art. 1229 Where environmental pollution or ecological damage causes damage to other person, the infringer shall bear tort liability. 2. Art. 1234 If the violation of state regulations causes damage to the ecologica environment and the damages can be repaired, the organ prescribed by the state or the organization prescribed by law shall have the right to request the infringer to bear the liability for repair within a reasonable time limit. If the infringer fails to make the repair, the organ prescribed by the state or the organization prescribed by law may make the repair by itself or entrust others, and the expenses. required shall be borne by the infringer. What "Green" Means - Resource saving: to use less resources to do the same work; to improve resource efficiency - Environmental conservation: to mind the environmental impacts of civil activities - Restoring eco-system: where environment is damaged and can be restored, the infringer shall restore it The Requirements Of Green Principle  Totally 15 provisions related to green principle 1. Declarations - Art.9 Civil subjects engaging civil activities shall be conductive to saving resources and protecting environment. - Art. 286 Residents shall abide by laws, regulations and management regulations, and their behaviors shall conform to the requirements of resource saving and ecological environment protection. The Declarations Need Supports From Other Laws - Art. 326 - In exercising his rights, a usufructuary right holder shall abide by the provisions of the law concerning the protection and rational development and utilization of resources and the protection of the ecological environment. The owner may not interfere with the usufructuary right holder in exercising his rights. Principles Need Supports Of Soft Law Or Guidelines  Art. 619 Seller's obligation of packaging: ...If there is no general packaging method, a packaging method that is sufficient to protect the subject matter and conducive to resource conservation and ecological environment protection shall be adopted.  Festival products, especially food; packaging for express delivery Enforceable Provisions  Art. 294 The holder of real estate may not, in violation of the provisions of the State, dispose solid waste or discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, light radiation and electromagnetic radiation. Compensation For Ecological Loss Art. 1235 ecological loss and expenses that can be claimed: 1. The loss caused by the loss of service function between the damage to the ecological environment and the completion of restoration 2. Losses caused by permanent damage to ecological and environmental functions 3. Expense of clean up and restoration 4. Investigation appraisal, assessment fees Punitive Damages  Art. 1232 Where the infringer intentionally pollutes the environment or destroys the ecology in violation of the law and causes serious consequences, the infringed shall have the right to request corresponding punitive damages. Burden Of Proof  Art. 1230 In the event of a dispute arising from environmental pollution or ecological damage, the actor shall bear the burden of proof in respect of the circumstances in which the actor does not bear liability or mitigated liability as provided for by law and the absence of a causal relationship between his act and the damage. The Significance Of Green Principles - Echo the eco-civilization advocated by the Chairman - To provide legal basis for further legislation: for example, the community code - To provide rules for judicial bodies to enforce: - punitive damages, compensation for damages to eco- system - To support the implementation of other environmental laws: environmental claims for public interest in Environmental Protection Law (2014); ΕΙΑ (2002)