Research On The Legal Relief System Of Environmental Adjacent Infringement

At present,there are environmental adjacent infringement problems such as noise pollution,water pollution and light pollution between adjacent subjects in China.This environmental adjacent infringement also has some adverse effects on the natural environment and the life of adjacent subjects.At present,the provisions of such problems in the current law of our country are not clear,and the problem of environmental adjacent infringement cannot be effectively solved in judicial practice.Based on the current social situation in our country and considering the urgent needs of environmental protection in our country,it is necessary for us to carry out corresponding theoretical research on the problem of environmental adjacent infringement,and establish a legal relief system for environmental adjacent infringement,so as to further improve the whole civil legal system.Therefore,this paper first introduces the relevant theoretical concepts of environmental neighboring rights and environmental neighboring infringement from the theoretical point of view,so as to lead to the discussion of the basic theory of the legal relief system of environmental neighboring infringement in China.Then,by analyzing the current situation of China ’s environmental neighboring legal relief system,it is found that China ’s legal provisions,administrative and judicial protection of environmental neighboring rights are insufficient,that is,the definition of related concepts of environmental neighboring infringement is vague in legal provisions,and there is a lack of exclusive relief principles.There are certain limitations in the relevant relief measures at the administrative relief level,and there are difficulties in proof at the judicial relief level,confusion in judicial application,and lack of ex ante and ex post relief methods.Furthermore,by comparing and investigating the relevant legal systems of the two major legal systems outside the region on environmental adjacent infringement,this paper summarizes the worthy references in the two major legal systems,such as the principle of benefit balance in theory;in terms of legislative form,we can provide comprehensive protection for environmental neighboring rights by clarifying environmental neighboring rights,linking public law and private law;in terms of relief methods,we can pay attention to improving the corresponding pre-litigation safeguard measures to better protect the adjacent rights and interests of the environment.Finally,this paper puts forward the concrete countermeasures to improve the legal relief system of environmental adjacent infringement.Mainly includes : at the level of legal provisions clearly defined...