Font Size: a A A

Study On The Immission

Posted on:2015-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:C C YanFull Text:PDF
GTID:2296330431957095Subject:Law
Abstract/Summary:PDF Full Text Request
With the advancement of technology and economic development, social progresses will inevitable produce some of the environmental and social issues. Triggered by the material can not be measured as a product of modern society has gradually entered into the people’s vision and life. And because the complexity and diversity of such immision, new legislation makes it difficult to keep up the development processes. For now, the immission relevant legislation for solving complex immission has clearly appeared to be inadequate.However, foreign legislation can be said for the provisions of this system are relatively complete. Should be said that 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. Swiss legislation about introduce the concept immision and Japanese legislation about the endure limits is also worth our reference. These four countries immission system for the construction and improvement of China’s immission system is of great significance.The first chapter of the text is mainly immission do a brief overview, Describes the concept and the characteristics about the material can not be measured and the concept and the classification about the immission, from the macro to do an overview of the system.The second section first describes the immission system of Germany and France, two countries. Then introduced the Swiss legislation about introduce the concept immision and Japanese legislation about the endure limits. 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. Then extended by one specific case of our legislation is too principled to bring justice problem. Come out below the amount of defects in our country immission legislative. 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 France Swiss and Japanese 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 three aspects are described in detail in comparison.Is undeniable that there are a lot of problems and defects, China’s legislativeimmission, 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, responsibility
PDF Full Text Request
Related items