Research On The Selection Of Legislative Model About The System Of Non-Weighing Violation

As the rapid development of productive forces of human society particularly since the industrial revolution, the rapid development of science and technology have brought tremendous material wealth to human society, but the various issues of the resulting violations should not be overlooked, particularly the issue of the non-Weighing violation. For example, the noise impact of laying hens, pigs in growth, the light pollution, a lawsuit caused by the occurrence of smoke and dust, these should arouse our attention on such issues. When we view the laws, regulations of our country, it is easy to see that there is no systematic regulation on law about the settlement of the non-weighing violation. We have only little knowledge about it that made the embarrassing situation in resolving such cases can not follow some legislation. And the representative countries which research and solve on law about these issues are Germany, France, Japan and the Anglo-American countries, they solve such problems from different perspective. We can summed up three legislative mode by reading the legal provisions or precedents of these countries: property rights protection mode, tort protected mode, environmental law protected mode. This paper start with the cases of the realistic life, mainly use the way of comparison and summed up , research the nature of non-Weighing violation in people's lives, especially in urban life, which has attracted increasing attention ,analyses the pros and cons of legislation or jurisprudence about against the protection on non-Weighing violation in every country, then Specified the direction of legislative mode of our country to solve these problems.