Infringement Of The Legal System Of The Adjacent Environment

Environment is human's habitat, it is very important for our survival and development. Adjacent tort of environment has a long history, it is related with us closely in every day. This article researches the essence of the adjacent tort of environment, discusses the necessity and feasibility of the legal system of the adjacent tort of environment; then set up the system through analyzing its mode and responsibility principle, structural elements, remedial forms and so on.The article, constituted by 40,000 words is divided into three parts. In the first part, the author summarizes the system of the adjacent tort of environment, the act of the adjacent tort of environment is the tort to the adjacent right of environment, so first of all, the article introduces the basic theory and system localization of the adjacent relation, puts up its shortcomings in protecting adjacent right of environment. Then it researches the legal system of environmental tort, analyses its basic meaning and function, and concludes the shortcomings in protecting adjacent right of environment. At last, it puts forward the concept of the adjacent right of environment, analyses its characters, and compares it with adjacent right and environmental right, so tells the importance to set up the legal system of the adjacent tort of environment.The second part introduces the relevant theories and systems of other countries, including Germany, France, Japan, Taiwan of China, Britain, the America. At last, it proposes China should absorb the advanced theory of other countries to protect adjacent right of environment.The third part is to design the legal system of the adjacent tort of environment. In the first place, it demonstrates the necessity and feasibility of the legal system of the adjacent tort of environment. The necessity including: the adjacent tort of environment is getting more and more, the need of relevant civil subjects, the" deficiencies of the current legislation. The theories of new environmental development and the principle of the comparing interests provide the feasibility for the system. In the second place, the author deliberates that the article obeys the principles of protecting victim, comparing interests, preserving the environment, and points out the legal system of the adjacent tort of environment should stand side by side with environmental liability for tort in the law of torts in the future. In the third place, the article introduces every element of the legal system of the adjacent tort of environment, including responsibility principle and structural elements of the act of adjacent tort of environment. This is the last part, the author puts forward three types...