试论民法绿色原则与环境人格权

On the Principles of Green and Environmental Personality Right in Civil Law

摘要: 近年来生态环境治理已然融入国家发展的进程，但是法律本身所具有的滞后性的特点，致使环保法在调整该领域时偶显不足，其他相关法学学科的发展步伐也落后于生态环境治理的法律需求，如新型私权环境人格权迟迟未出现在民法法文中。生态环境治理离不开公民个体意识的觉醒及民法对公民环境人格权进一步确权的推力。笔者试图借民法绿色原则的确立为契机，以绿色原则与环境人格权的提出为出发点，探讨二者的关系以及指导构建环境人格权和如何在环境人格权的保护中贯彻绿色原则。

Abstract: In recent years, the ecological environment governance has already put forward the process of na-tional development. However, due to the lagging nature of the law, the environmental Law is in-sufficient in governing this field. The development of other branch laws is also lagging behind the legal needs of ecological environment governance. For example, the new environmental personality right has not been established in the Civil Law. The governance of ecological environment is inseparable from the awakening of individual consciousness of citizens and the promotion of the Civil Law on the establishment of environmental personality right. The author attempts to take the establishment of the green principle of Civil Law as an opportunity, take the proposal of green principle and the environmental personality right as the starting point, explore the relationship between them, and guide the construction of environmental personality right and how to carry out the green principle in the protection of environmental personality right.