Comparison And Reference On Legal System Of Immeasurable Objects Invasion

With economic development and social accelerated pace of urbanization, the industrial production and daily life for a variety of gaseous waste, noise, vibration and other new types of large numbers of measureless substance, countries have established a rich, complete immeasurable objects invasion system according to legislation, jurisprudence and doctrine development.Immeasurable objects invasion originated in Roman law. At the basis of the immeasurable objects invasion theory in Roman law, Germany and France established different specification model for Immeasurable Objects Invasion basing on their difference on legislative tradition and legislative concept. Germany established a property law-center model, while France established a tort-center model. At the basis of the two different specification models, there are differences between two counties of the immeasurable objects invasion system. Germany law system calls"Immission", while France incorporates it into"Neighbors Prejudice". It is this difference determines the comparative study of this issue of great significance.There are no system requirements in Property Law and related laws of immeasurable objects invasion system in China. The only principled requirements can not solute modern completed immeasurable objects invasion problems. Even more, civil law theorists often confused immeasurable objects invasion with environmental pollution problems. Therefore, it is necessary to comparative study the immeasurable objects invasion system of different countries, and the formation and essential difference of immeasurable objects invasion system in different model. By comparative analysis, we can achieve a deep understanding of immeasurable objects invasion system, and provide theory for the construction of our country's immeasurable objects invasion system.The first chapter provides an introduction about the basic theory of immeasurable objects invasion and discusses the immeasurable objects invasion problems at premise of clearing immeasurable objects invasion concept and immeasurable objects invasion category. Immeasurable objects invasion is neighboring relationship essentially, and is at the core position in neighboring relations. There are differences between immeasurable objects invasion and environmental pollution. A clear distinguish between those two is good to us to solve correctly the immeasurable objects invasion problems within the range of private law, and to achieve the combination of immeasurable objects invasion problems in public law and private law, accordingly to achieve the comprehensive protection of the victims'interest in immeasurable objects invasion problems.The second chapter introduces respectively the system construction of immeasurable objects invasion in Roman Law, Germany and France. Germany and France adopt different specification model in immeasurable objects invasion problems. A specific analysis and study shows that there are similarities in identifying immeasurable objects invasion that using the prejudice exorbitance as the identified standard; tolerance to be considered on duty during the process of identified; adopting the measure of interest principle in the process of measure, accordingly to achieve the protection of public interest and private interest.The third chapter shows mainly the statue of our county's legislation of immeasurable objects invasion, at the same time indicates the defects and deficiencies in our country's immeasurable objects invasion legislation and some suggestions about perfecting the immeasurable objects invasion system. Though the comparison of immeasurable objects invasion between Germany and France showed in chapter two, this thesis put forward the following suggestion. That the claim right should be chosen as the basis and be supported with the protection model of tort damages claim right, then establish the"total-sub"model with Civil Code of the"total"and other relevant law on the standard"point". Firstly, a clear concept of immeasurable objects invasion and type of relief will be included in the concept of the scope of the infringement; the"excess"is the only element of immeasurable objects invasion; use the principle of measurement of benefits; a clear obligation of tolerance considerations.In addition to the traditional remedies, we must also measure the introduction of German law on the compensation theory, and can strictly regulate and supervise the acts of administrative examination and approval of immeasurable objects invasion in advance assistance.