Research On System Of The Environmental Neighbor Relation

The nature of Environment neighbor relation system is to solve environmental problems by means of neighbor relation. This process may involve some problems, such as the conflicts of legal concepts or adjustment method among the legal departments. Further more, environmental neighbor relations on private law deconstruct the adjacent relation from the perspective of real estate rights and obligations, however, from the public law point, environmental problem means the legal relationship between the real estate rights and obligations, more importantly, have a bad impact on the whole society. In addition, from the view of environmental law, as a part of nature, human behaviors not only affect the human society but also other natural life, such as animals. Furthermore, how coordinate the interest of the three types decides the system design of environment adjacent relationship. Therefore, from the beginning, the environment adjacent relations face much theoretical and practical confusion.This article starts to explore this important proposition from these confuses. Reasonable definition of the environment adjacent relationship is the basis of the design of this system. At the same time, the premise of definition is the necessity, the elements of this concept as well as how to combine the concept and so on. This article defines the environment adjacent relations on the basis of the "Regulation Theory". The third part and the fourth part of the article use an empirical method, to investigate the typical environmental neighbor relations of Continental Law and Common Law, base on the actual situation of China’s legislation, make compare analysis. Finally, on the basis of the foregoing analysis, for China’s actual situation, this article gives some legislative proposal.