Study On Environmental Neighboring Relations And Its Legal System

In recent years, people have increasingly higher requirements for their living environment, and a clean and peaceful living environment has gradually become a crucial part of human life. In the development progress of society, humans carry out a lot of industrial activities, during which process the generated vibration, noise, optical radiation, electromagnetic radiation, smoke, coal, heat and harmful gas have caused huge pollution and influence on people’s living environment, leading to a serious threat to the environment people rely on to survive and develop. In our daily life, there are also endless disputes arising from the infringement of environmental neighboring relations such as lighting, sun exposure and ventilation. In terms of the infringement acts involving environmental neighboring relations, some countries in the world have formulated their own set of regulating rules. Some of them regulate these acts by formulating related laws and regulations; some of them regulate these acts in the form of case law; some of them regulate these acts by offering permission or setting compensation duties to the injuring party; some of them regulate these acts by regulating the injured party’s obligation of tolerance or endowing the injured party’s right of acquiring compensation. In terms of Chinese current situation of legislation, the laws we can rely on to adjust environmental neighboring relations and regulate the infringement include Civil Law, Property Law and Environmental Protection Act. However, in the laws above, the regulations on the types of environmental neighboring relations as well as specific dispute settlement mechanisms are still not explicit. In recent years, with more intensified environmental problems, disputes related to environmental neighboring relations emerge endlessly with different forms and novelty. As a result, it is unlikely to solve issues about environmental neighboring relations according to Chinese existing institution. Therefore, it is imperative to study relevant institution about environmental neighboring relations, construct and perfect relevant laws on it.The thesis is divided into five parts to discuss legal system on environmental neighboring relations. Based on Chinese current situation of legislation on environmental neighboring relations, it analyzes the regulations on it in other countries with different legal systems. Through document analysis method, comparative analysis method and case analysis method, it expounds and analyzes the legal system on environmental neighboring relations, and then puts forward countermeasures and suggestions on how to improve Chinese system of environmental neighboring relations.Part One is introduction. From the perspective of law, the author mainly gives a brief summary of the research background, research significance, research status, research framework, research methodology and innovation.In Part Two, starting from the existing regulations on neighboring relations and environmental rights, combined with the current research status, deeply analyzes the theoretical foundation and specific details of environmental neighboring relations.In Part Three, through the comparative analysis of the research status of representative countries including America, Britain, Germany, Japan and France on environmental neighboring relations, the author has an observational study on overseas environmental neighboring relations, from which the author also extracts some concepts and norms for our further reference, attempting to establish and perfect Chinese environmental neighboring legal system and lay a foundation for Part Four.In Part Four, through a deep analysis of Chinese existing laws including Civil Law, Property Law and Environmental Protection Act, the author has a systematic exploration on the current situation and defects of Chinese environmental neighboring relations,then analyzes the sources of the problems, laying a foundation for Part Five.In Part Five, established in the existing legal framework, by effectively combining public law with private law, aimed at establish and perfect Chinese legal system on environmental neighboring relations, the author analyzes the necessity and feasibility of perfecting Chinese legal system on environmental neighboring relations, and at time same time, deeply analyzes and puts forwards suggestions on it.