The Exploration Of The Scenery Right

With the development of economy and the progress of the society, The development of human rights has payed equal attention to development of material and sprite rather than just emphasis on the material.In the context of globalization, the environmental protection has no longer concentrate on the traditional fields, but grow into the higher level protection of the subjective benefit.So that the concept of fine scenery right appeared on the historical stage.The purpose of this article is in order to investigate how to protect the benefit of scenery and how to build the legal system of the scenery right.This thesis integrate theory with practices, make a summarize for the vacancy of the protect of scenery right in our modern legal system, introduced the tort of scenery right based on judicial practices, explained why it is hard to safeguard the legitimate rights, analyzed the contradict and conflict among different theories.The reason why there is a drastic debate on the topic is because there is no stipulation about the scenery right on the substantial law.The Japan has given an earlier research on the scenery right, the 《Scenery Law》 guaranteed the protect of scenery benefit and scenery build, through the analysis of the 《Scenery Law》 and cases, we have learned from Japan, then the writer has make some suggestions for the build of the scenery right in our country.This article is divided into four parts, The first part of the article made a general introduce about the concept and development of the scenery right, on the current situation, the scenery right or benefit is still belongs to a difficult concept to define.Since there is no laws and rules in modern China, it’s hard to determine the subject、object、content and character of the scenery right, it has always been a difficult problem of using which theory to protect it.In the second part of the article, the author introduces the research achievements of scenery, there are two standpoint on the scenery right, one is public right doctrine, one is private right doctrine.To the point of the writer, the scenery problems covering a wide range、a variety content、a large amount of people, so it’s not right to divide the scenery right on two parts.It belong to the category of environmental right in itself, environmental theory is a public welfare problem for all known, so it’s necessary to protect it by public laws, but with the restriction of the social conditions and technological level, it can not stipulate all the social rights,so it’s necessary to turn to the private laws.Thought it will take a long time for the discussion, but it has already become a tend that it will use the private laws for the protecting of the scenery right.Is necessary to illustrate that, it’s idealized and puerile to protect a right absolutely by one way, we should combined the public and private laws in order to the harmonious and progress of our society.The writer has analyzed the (Scenery law)), introduced its contents^characteristics and functions, discuss the existing conditions and problems of scenery right in China, then puts forward some advices in the fields of legislation, I hope that it will make a contribute to the development of construction of the scenery right.