A Study On The System Of Non - Quantifiable Infringement

With the rapid development of economy, the industry has a greater impact on people’s lives and the environment. In real life about physical infringement cases also showed increasing trend, disputes are increasing, and compared to our country in view of the present situation, and abroad, a relatively complete theoretical system and a relatively sound legal system, relevant provisions is zero scattered and not comprehensive enough, which also led to our courts in dealing with such disp utes, often rely on the judge’s discretion to make a ruling, thereby causing public doubts and dissatisfaction. Therefore, the author believes that China is in urgent need of no matter infringement theory in-depth study and exploration, and construct a set of effective not amount of material against the system, which should include provisions for the victim reasonable tolerance obligations, in order to solve the legal dilemma of our country in this field. In this paper, the definition about the range of material, including noise, electromagnetic radiation, radio waves, odor, light, dust and so on, and then introduces the characteristics and the main classification, after having the certain understanding to the basic concepts and analysis against the theory related to the connotation, mainly analyzes the amount of material against the meaning of the definition, legal nature, classific ation theory and criteria for the establishment of infringement. The category of provisions; one of the provisions of the provisions on different comparative research on the basis of this, the author of the foreign countries cannot be against the system and application, such as the German law for the infringement of the injured party tolerance obligations focus. At the same time, Germany is the earliest shall not be measured against the system of national French law called the system as the neighbors prejudice system, the application of law to apply tort law elements; the Japanese emphasis is on the aggrieved party tolerance limits, more detailed and perfect, has a strong reference; and the Anglo American law for this system is called as private nuisance system, and belongs to tort liability law. Finally, the author sums up their system to infringe on the advantages and disadvantages and analysis present situation and shortages in the legislation of China’s relevant system, try to put forward on our country to establish the perfect cannot be on the system construction of the amount of material against the system, in order to system of our country perfect road and to provide some reference.