Research On Environmental Adjacent Right

Environmental adjacent right is based on the objective of environmental protection requirements place a range of neighboring relations is the relationship between environmental laws, according to the rights and assume the corresponding obligations. Compared with traditional adjacent right, environmental right pays more attention to protect environmental benefits. It makes a difference between them. Environmental adjacent right has the following characteristics:adjacent to expand, comprehensive right, ecological object, dualism of value and extending of content. The contents of environmental adjacent right include the rights of quiet living environment, breathing fresh and clean air, drink clean and safe water and enjoy the sun and so on.The origin of environmental adjacent right theories have mainly three: forbiddance of right abusing, theory of profit comparing and theory of taking a risk by oneself are complementarities. Environmental adjacent right shows that it is more closely to people's daily lives. In other countries, the research on environmental adjacent right is mainly from civil law system and common law systems. In civil law system, immission violation system of the German and the neighbors'prejudice of the French are the Civil Code, and the theory of the "obligation of tolerance" is worth considering. In common law system, nuisance is in the tort law system. Thus, means of redress can be worth considering. After the investigation on foreign environmental adjacent right, then I have carried on the analysis to our country's environmental adjacent right's situation.So in China, environmental adjacent right has some problem on theoretical, legislation and practice.Therefore, the article has carried finally on the construction to the environmental adjacent right, and redefine the environmental adjacent right basic principle are benefits balance and environment rights protection; The boundary which needs to be clear to the environmental adjacent right has carried on further showing, "adjacent" expanded effectively, emphasize environmental rights protection as protection purposes, the judgment standard needs to be clear from five levels, about violations of the object should be clearly put spiritual interests include; At last should determination the environmental adjacent right position in the private law,and also need the public law play a guidance to the environmental adjacent right. In this case, the basic principle, the theory boundary and legislation combine perfectly and play full role in environmental protection about environmental adjacent right.