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On The Immission

Posted on:2013-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhangFull Text:PDF
GTID:2246330374981587Subject:Law
Abstract/Summary:PDF Full Text Request
Although the material against the problem can not be measured is not a new problem, but along with China’s economic development and urbanization process accelerated, triggered by the material can not be measured against disputes and problems emerge emission dispute also showed the complexity, diversity and so on. For now, the immission relevant legislation for solving complex immission has clearly appeared to be inadequate.Should be said that the the immission system in Germany and France is relatively systematic and comprehensive. German immission system is based on the legislative model centered on the Property law, French close neighbor of prejudice system is the legislative model of tort law as the center. From the qualitative point of view, these two very different systems, but the content there is a lot in common. These two countries immission system for the construction and improvement of China’s immission system is of great significance.Common case, this paper will be the first to sort out the relevant concepts of the immission, followed by Germany and France, two countries immission system, combined with China’s legislation on immission defects, targeted to learn from the success of this system between the two countries. Finally, more realistic feasibility of the recommendations of the relevant legislation of our countryThe first chapter of the text is mainly immission do the a brief overview, the main purpose of clear can not be the amount of material against the nature, will immission and environmental infringement problems district separate to, in order to comprehensively and effectively to protect vulnerable group interests.The second section describes the immission system of Germany and France, two countries. General introduction to the contents of the bilateral system can be found by comparing the similarities and differences. This is of great reference significance for us to study the immission.Chapter III describes the status quo of the immission relevant legislation, found by analyzing the problems and deficiencies. Only in the case of a clear problem, where we can introduce effective measures.The final chapter is clear our country immission legislative defects under the premise that, through the draw on the successes of the relevant legislation of Germany and France, targeted and purpose of the relevant legislation of our country to make a few suggestions. With regard to recommendation, have focus immission criteria and relief to these two aspects are described in detail in comparison.Is undeniable that there are a lot of problems and defects, China’s legislative immission, has been far short of the rapid economic and social development needs. In order to better safeguard the interests of the widest number of individuals and to achieve the coordination of economic and life interests, the right can not be measured against system is essential and imperative.
Keywords/Search Tags:immission, tolerate obligations, criteria for judging
PDF Full Text Request
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