Neighboring Relations System Research

The article consists of four sections:Section 1.The basic theory of neighborly relations institution At the beginning It demonstrates the conception of neighborly relations and of neighborly relations institution. Then It demonstrates the neighborly relations from right theory, the field of being used, and characteristic of subject and object and so on. After that it demonstrate the differences between neighborly relations and easement and personal right. At the last it introduces the development process of neighborly relations which experiences from the period of civil law to the period of publical law then to the period that civil law, publical law and self- confined law exist at same.Section 2, Brief introduction of foreign neighborly relations First, it introduces the neighborly relations contents and characteristic of Roman law, France law, German law , Japan law and Switzerland law . At the same time evaluate them, Such as German's unmeasured damage institution and Japan's sun light damage hypothesis . Then introduces the contents of Taiwan region neighborly relations institution.Section 3 The institution of neighborly relations in China This section discusses the forming process of neighborly relations from the theories to the revision of legislative draft and final regulations . Secondly , it states other relating regulations in Article 83.of rules of civil law and Article 97 to Article 103 of the super people's court's opinions on questions in executing rules of civil law (tentatively). At the same time it mentions the principles ofdealing with neighborly relations such as being favorable to production, being convenient to living, being helpful to harmonious neighborly fair and reasonable. Finally it states some regulations relating to neighborly relations in proposed draft of law relating to rights over thingsSection 4 suggestions on developing the institutions of the relation of our countryIt starts to point out the deficiency of the institution .For example, the undefined regulations about users in the subject of neighborly relations, and the incomplete sorts of the relations, etc .Then it gives specific legislative suggestions accordingly.