On Adjacent Relation In The Era Of Environmental Protection And Its Legal Protection

The thesis researchs on issues about bordering relationship at the environmental protecting ages. Traditional adjusting scope on bordering relationship does not completely reach the requirement of environmental protection because of the development of meaning and contents of the bordering relationship. The thesis, in order to supplement traditional contents of bordering relationship, analyses connects between environment right and bordering relationship and makes suggestion for practice. In addition to preface and ending, the thesis consists of five parts.Part one researchs on basic theories of bordering relationship. Firstly, it explains the meaning and character of bordering relationship and points out that the meaning of bordering and the object and subject of bordering relationship have changed. Secondly, it is about the developing process of bordering relationship. Lastly, it discusses the requirement right on the basis of character of bordering relationship.Analysing and discussing the connection between environment right and bordering relationship, part two is about the relation among bordering relationship, environmental protection, environment right.Compared to the traditional bordering relationship, the development of bordering relationship at the public environmental protecting ages has been discussed in detail referring to meaning, contents, character and protecting limitation.Part four is about the legislation of bordering relationship relating to environment.It introduces bordering relationship ruled by Roman Law, Japanese Civil Law, French Civil Law, German Civil Law, Switzer Civil Law , Common law, Tanwai district and mainland of china, and then points out the shortage and developing trend of the valid law in China on bordering relationship.Part five is the thought about bordering relationship and its legal protection at the environmental protecting ages. At the beginning of this part, it points out that the present legislation and practice is not enough to protect bordering relationship relating to environment protection, therefore, the solutions are strengthening administrative remedies, negotiating conflicts between the public law and the private law on bordering relationship, defining confine of enduring obligation, compensation standard, compensation gist, and so on.