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Improve The System's Idea Of ​​immission

Posted on:2011-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:N WangFull Text:PDF
GTID:2206330332476981Subject:Environment and Natural Resources Protection Act
Abstract/Summary:PDF Full Text Request
With the development of the industrial revolution and the advent of the electronic age, science and technology as the center of modern industrial activity has brought benefits to human life, it also brings a serious noise, annoyance and abuse.these violations include the amount of material non-infringement, and similar violations, such as sunshine abuse, overlooks, ventilation abuse, and violation of the concept of abuse as well as drainage. Since the economic reform in China has been the rapid development of industrial activities prompted the accelerated process of urbanization in this national policy, and that also generated a serious amount of material non-infringement issues.It is essential to our country is not the amount of material against the issue of in-depth study of the theory and practice.In this paper, studying and learning from the foreign legislation, case law and doctrine based on the proposed countermeasures aimed at improving the amount of material non-infringement of China's system, in order to developed our country laws.This total of four parts:The first part discusses the meaning of abuse is not the amount of material, non-performance against the amount of material form, not the amount of material against the nature of the constituent elements, as well as the amount of material non-infringement and the environment against the theory of the relationship.The second part focuses on the legislative status quo at home and abroad, and a comprehensive comparison, in the criticism on the basis of a favorable reference.The third part of the detailed analysis of the amount of material in China is not against the law encountered difficulties, including:violations of the type provided incomplete, the lack of legal relief system, the victim's standing to sue is not restricted, as well as the amount of movable objects against the provisions of the legislation appears a blank in four major areas.The fourth part focuses on in the relevant foreign legislation, jurisprudence and doctrine, after a comprehensive understanding and a complete set of drawing on the amount of material can not be infringed upon China's proposal, including:the meaning of the Xiang Linquan re-understanding of the amount of material against the type of refinement can not be the amount of movable objects can not be against the law, the introduction of environmental easement regime, the public and private law remedy combination.
Keywords/Search Tags:immission, Obligation of tolerance, Environmental pollution
PDF Full Text Request
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