Research On Environmental Adjacent Right

With the deepening of reform and opening up, China’s economic and socialdevelopment gained the success that attract worldwide attention, the people’s materiallife level is steadily increasing, people on the living environment and the ecologicalenvironment are also grow with each passing day. But the problem of environmentalpollution and frequent incidents of environmental pollution, serious will constantlyremind people must to solve this problem, how to solve this problem using legal meanshas become a social concern. While most people cherish an undying in the social life ofthe pollution that is side of the pollution incident, in recent years around living placesthe water pollution, light pollution, air pollution and the prosecution of environmentalpollution cases are frequently appeared in newspapers, the specific application of thelaw in this kind of problem, the general use of civil law relationship between adjacent tosolve."General principles of civil law" the eighty-third stipulation:"real propertyadjacent to the parties, should be in accordance with the spirit of the production andconvenient life, solidarity, fair and reasonable, correctly handle the relations betweenadjacent section water, drainage, access, ventilation, lighting and other aspects.Adjacent to the square to obstruct or loss, shall stop the infringement, eliminate theobstruction, and compensate for the losses." In judicial practice, the Supreme People’sCourt issued the "on the implementation of the general principles of the civil lawopinion (Trial)" on the adjacent land use, natural water, drainage and other specificadjacent relations made some supplementary provisions. Promulgated2007"propertylaw",in "property law" a9of all specifications are about to adjacent relation, comparedto the "general rules of the civil law" has made considerable progress, but there are stillincomplete, adjacent relationship types exist loopholes in the system that is obviousproblem. In addition, the pollution of the environment, a wide range of speciesdiversification, has gone beyond the boundaries of traditional property adjacent, so assoon as possible to establish China’s environmental law environmental adjacent right isvery significance.In the field of protection of the rights of adjacent relation can also be called the adjacent right, the traditional adjacent right to immovable property adjacent to theexercise of the right of the foundation, is the extension of power that based onownership, from right attribute that can also be identified as the claim of right in rem.But in the reality of environmental pollution events, pollution is often occured in notadjacent to each other even occured geographically distant regions of even, such aswater pollution, electromagnetic radiation pollution and other environmental pollutionevent. China’s "property law" the ninetieth regulation, the rights holder of immovableproperty shall not be in violation of state regulations, disposal of solid waste, emissionsof atmospheric pollutants, water pollutants, noise, light, electromagnetic radiation andother harmful substances, or neighbors have the right to request the cessation of theinfringement and damages. This is the so-called "German and Swiss civil lawimmeasurable objects invasion". And this kind of tort violations of the rights of thesubject is what rights, if it is an invasion of adjacent right will break through the realestate adjacent to the boundary, will bring challenges to the traditional neighboring right,and is violation of environmental right that because there is no legal basis. So the awillbring the the neighboring right uthor suggests that the traditional relationship based onthe combination of environmental law environmental rights establish and perfect theindependent right that is the environmental adjacent right.