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Environmental Legal System Of Adjacent Relation Research

Posted on:2014-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2296330434951912Subject:Law
Abstract/Summary:PDF Full Text Request
At present, the living environment, which is becoming a part of human life to maintain survival, keep health and remain development, is quiet and tidy. The science and technology as the center of the industrial and commercial activities, bring benefits, but also brought serious environmental pollution, which violated the human living space, including noise, vibration, tobacco, coal, light, heat attacks and sunlight, ventilation and overlooking inhibition. In view of these violations, most countries have formulated relevant laws, regulations and the form regulation law violation, give grant of license to injured party or regulate a compensation obligation of them; regulate the tolerance obligation on right of victims or let them get compensation.China regulates adjacent relationship on general principles of civil law in1986. Objectively speaking, this provision can effectively solve the disputes between adjacent relationships at that time. With the development of society and life, adjacent relationship is showing a variety of complicated shape. But general principles of civil law have been unable effectively to deal with this situation. So adjacent relationship need to be modified and perfect in the aspect of legislation. Property law of the people’s Republic of China" is just to make up the deficiency of the general principles of the civil law, clear the rights and obligations between the main body of adjacent relationship. And set up a special chapter on the "adjacent relationship" to make specific, detailed regulations and systems.This paper is based on recently adjacent relation of environment regulations, comparison of relevant regulations in Germany, France, Japan, Britain, America and so on. Use the method of comparative analysis, case analysis, to explain the adjacent relation of environment law system including the introduction, which is divided into five parts, the completion of a sound legal system of China’s environmental neighboring relations article writing jobs:Introduction section begins with mainly produce relations along the adjacent environment, the existing problems and research significance, research ideas, research methods to complete writing. First, from the legal system of China’s environmental adjacent relationship existing problems for analysis, the necessity of writing the article; then the article summarizes research significance, pointing out writing this relationship for improving China’s environmental legal system adjacent to the property’s exclusive active role in coordinating role; Finally, article research methods use simple elaboration.The first chapter of "Civil Law","Property Law" On adjacent relationship, environmental requirements departure adjacent relationship, Combined with previous research on the theory, completed the environmental legal system is based on adjacent relationship theory expounded and grooming.The second chapter focuses on analysis of the extraterritorial, including Germany, France, Japan, United Kingdom, United States, related systems, combined with China’s actual conditions, the extraction of which can be used as the relevant regulations and practices in order to regulate the legal system of China’s environmental adjacent relationship provide useful experience and references.The third chapter focuses on China’s "Civil Law","Property Law","Environmental Protection Law" and other viewing and analysis, results of the current relations between China’s environmental laws and regulations on the adjacent gaps and the reasons for the actual situation, recalling chapter analysis, complete Chapter writing.The fourth chapter focuses on the perspective of public and private law, presented at the existing legislative framework, how to make effective combination of public and private law, collaborative role, improves the environmental adjacent relationship legal systems.
Keywords/Search Tags:Adjacent Relations, Environmental Adjacent Relations, Adjacent environment Tort, Environmental Pollution
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