On System Of The Neighbor Environmental Relation

With the fast development of industrialization and urbanization, adjacent relation becomes complex day by day. Traditional adjacent relation does not completely reach the requirement of social life. Environmental adjacent relation is a new type of adjacent relation with expansion of adjusting scope,magnification of The content and multiplication of benefit. Environmental adjacent relation is the development of traditional civil law theory.Thanks to the different social background, economic structure and legal tradition, different countries deal with the adjacent tort of environment through various ways, such as ,tort law in The Anglo-American Law system; the immission injury rules and tort law in The Continental Law system. Although the different processing method, the environmental rights and interests'protection is important in the process of settling the problems of adjacent tort of environment. Moreover ,these countries deal with the problem of public interest and private interests by the cooperation of the Public law and the Civil law.Comparing with other countries, the rules of adjacent relation develops very slowly. The enforcement of The Property law symbolizes the significant improvement of the rules of adjacent relation of environment, embodies some legislations, such as, the sunshine rights, deleterious substances'injury, but the rules of adjacent relation of environment still need consummating. Firstly,as a new rule, the adjacent relation of environment must protect the environmental rights, weigh the different interests and so on .Then, in order to adjust the adjacent relation of environment effectively, we should learn from the rules abroad: the development of the economy and the environment must be in harmony, at the same time, the prevention and the instruction functions of the Public law must be displayed effectively. What's more, due to the lack of the judging standards, the victims'interests can not be protected finally, so the author suggests introducing the theory of tolerance limit, setting the standards of deleterious substance hurt according to various factors. Finally, during the relief of the adjacent tort of the environment, we should create some new ways of civil relief and administrative relief.