Research On The Civil Liability Of Infringement Upon Neighboring Right

With the neighboring relations being gradually complicated, the civil disputes causing by the civil infringement have been increasing. However, China's Real Right Law and some related regulations have not definitely standardized the civil liability of infringement upon neighboring right, instead of having only principled regulations on the adjustment of neighboring relations, so they can't meet the specific requirements of justice practice. The present studies of the civil liability of infringement upon neighboring right in civil law are insufficient. Therefore, in order to provide the justice practice the legal principle basis, it is necessary to study the civil liability of infringement upon neighboring right.On researching the civil liability of infringement upon neighboring right, this thesis links China's Real Right Law and some related regulations, refers to the other nations' regulations and justice practice as a source of reference, uses the methods of comparative study and empirical analysis, and discusses several issues on the civil liability of infringement upon neighboring right according to related law theories. The thesis consists of three parts: preface, text and the ending. The text part is divided into five parts.Partâ… explores the concept and essence of civil liability of infringement upon neighboring right. It discusses the essence of neighboring relations and clarifies that essence of civil liability of infringement upon right is a kind of legal liability. To answer what kind of legal system should be chosen to settle Chinese neighboring infringement disputes, it introduces the France model with the theory of implementing The Law of Torts and the German model with the theory of focusing on the right of the real claim comparably, suggesting that Chinese neighboring infringement civil liability should consist of dual ones produced by both real claim and tort claim.Partâ…¡deals with application range of neighboring infringement civil liability. It clarifies the connotation of neighborhood, and then focused on the circumscription between bearing civil liability and tolerance duty. Finally, usual usages of special locations and limits of using private law or using public law to deal with neighboring infringement are also discussed in detail.Partâ…¢concerns the 3 constitutive elements of neighboring infringement civil liability: the liability entity, infringement facts and offenders' mentation.Partâ…£analyses Chinese law system's status quo concerning neighboring infringement civil liability and points out its defect and deficiency.Partâ…¤drafts a tentative plan and suggestion to perfect Chinese regulations on neighboring infringement civil liability that it should divide different kinds of civil liability according to the fact whether offenders commit negligent acts. It proposes the principles of respecting the civil habit more and trying to balance the different parties' benefits, improving Chinese neighboring infringement civil liability regulations by making the exemptions clear and increasing the liability forms of neighboring infringement.