Research on the Jurisprudence, Risks and Regulation of Judicial Application of “Green Principle”

The “green principle” is adjudicative and can play a substantial role in the outcome of a case as a norm of adjudication. The content reflects the high reducibility of the factual elements, the methodological adaptation to the legal argumentative model, and the function to compensate for the limitations of the legal rules become the basis for the judicial application of the “green principle”. However, it should be recognized that, as a legal principle, the judicial application of the “green principle” is subject to a high risk of misconduct, which may endanger the practice of private autonomy and undermine the stability of the law. The judicial application of the “green principle” should be based on the basic concept of modesty, the contextual requirement of “prohibition of escape to the general provisions”, the method of application by typology, and exclude the following legal consequences: determining the validity of the contract, determining whether the contract can be rescinded, and drawing public law liability.