On The Environmental Rights In The Neighboring Relationship And The Legal Protection For Them

The article 1 of Declaration of the United Nations Conference on the Human Environment (The Stockholm Declaration) is: Man is both creature and modeler of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when, through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights the right to life itself. It is no doubt that everyone has the right to live in a good environment. But because the environmental resources are scarce and the environmental quality is also liable to be affected, with the development of modern science and urbanization, there are more and more troubles caused by environmental pollution and prejudice, especially for the neighbors. As a result, neighbors have up to defend their environmental rights. To resolute disputes and eliminate violations, it is necessary that distribute and relief rights by laws. So, this paper focuses on the environmental rights in the neighboring relationship, give a systematic discussion by the following four parts.The first part introduces the environmental rights in the neighboring relationship. After defining the legal meaning of such rights and summarizing their specificity, the authors proposes that the environmental rights in the neighboring relationship can be divided into two categories: personality right in adjacent environment and real right in adjacent environment. Meeting the urgent demand of people, ensuring healthy and rapid development of urban and economic, building the harmonious society and the source-conserving and environment-friendly society, need a comprehensive law to protect these rights.The second part is comparative analysis for the legal protection of the environmental rights in the neighboring relationship. For these rights, foreign laws take a very different kind of protection mode: the common law system, France and Japan use the tort liability to relief rights, while Germany adopts a series of system about right of the real claim and the tort liability. The author summarizes the similarities and differences between the two systems, then proposes German law is more reasonable and worthy of study.The third part is the legislative assessment of our legal system on the environmental rights in the neighboring relationship. The author summarizes the related private and public law system in our country, affirms their success, and then conducts a comprehensive analysis of its deletion.The last part gives some thoughts on perfecting our legal system on the environmental rights in the neighboring relationship. Aiming at the above missing, there are six aspects to improve and perfect, such as, making the right clear in laws, adopting the principles of efficiency and fairness to treatment the neighboring relationship, adding the relevant provisions of property law, regulating the tort liability in the adjacent environmental reasonably, improve the system of public law, resolving the conflict between the public law and private law.