The Problems And Countermeasures On The Neighboring Relationship System

Neighboring relations system is an important system in the modern civil lawsince the modern times, its origin date could back to codified era of Roman law.Neighboring relations system aims to adjust interest conflicts of the holder of theneighboring realty, stable order of real estate property rights, and promote the fullutilization of real property. Although the “Property Law” has been promulgated andimplemented in2007, the neighboring relations legislation does not achieve a majorbreakthrough. The adjacent relations system is just a preliminary study and regulationof the general principle in china, application of the system and relief of the rights lackof the necessary specific provisions and related theoretical support. Therefore,theoretical research of the neighboring relations system, the discussion of legislationand regulations, inspection of the application of the system and the judicial relief injudicial practice, could promote perfect of the adjacent relations system of theproperty law, and has a very important theoretical and practical significance for therole of the adjacent relations system in the judicial practice.In this paper, the basic theory of neighboring relations is the foundation, referlegislative norms and successful experience of other countries neighboring relations,combined with China’s legislative problems and judicial specific problems in practice,put forward how to improve neighbor relations system at the legislative level, andhow to apply in judicial practice and fairly relief disputes of the neighbor relations tomeet the practical needs of social and economic life.The Analysis of the concept of the neighboring relations, nature and content, first,this article examine the scholars view, and define the concept of neighboring relations.Secondly, study and investigated the nature of the adjacent relationship. Third,described the legislation contents of the adjacent relations system, includinglegislation content of the adjacent relationship of our civil law and the normativecontent of the quasi-neighboring relations of other laws and regulations. Provide thenecessary theoretical support for the perfect of the sound system and the measures ofthe later part.The discussion about applicative question of the neighbor relations system in ourcountry, the main practice is a combination of factors specific cases and meticulous inspection. In our country,“Property Law” and “Civil Law” systematic investigationand study is a precondition, in addition to pointed out that the content gaps of thesystem of neighboring relations legislation and the lack of legislative norms, focus onin-depth detailed analysis adjacent problems encountered of China’s judicial practicein handling disputes, and finally deep into neighboring relations disputes settlementmechanism, and to analysis remedy issues such as the single one, and to provide thetheoretical basis for the first part of the text made in practice, reflect an important roleat the level of specific proof reflects the contents of the legislation on the guiding roleof specific practice and theoretical basis. Then provide the necessary prerequisite forthe perfect of the article related issues and raise of countermeasures.The discussion about perfect of problem of the neighboring relations system injudicial application, put forward the perfection measures of the problems for Chinaadjacent relations system in the application. Summarizing and refining the problemsof China adjacent relations system in the application, provided the specific measuresand countermeasures for system improvement, adjustment methods improvement,judicial application improvement, improvement of the relief way and other aspects.Through the discusses of several aspects the above article, basically clarifiesshortcomings of the neighboring relations in theoretical research, legislative normsand application of judicial, summary the encountered problems of the neighboringrelations system in application, and then propose suggestions and methods of theproblem solving. The neighboring relations system is an important and complexlegislative content within the context of a civil property law, its research and use isnot happen overnight, so we must conduct a detailed investigation and research basedon the principle of step by step to understand its basic spirit and the essence. inaddition, the content of reality of social relations adjacent are complex and varied, sowe should seriously treat legislative norms, judicial application and the relief way ofthe neighboring relations system. On this basis, this article provided the necessarysolution to mature the neighboring relations system in the areas of judicialapplication.