A Research On The Legal System Of Immeasurable Objects Invasion

With the development of society, noise, orders, electromagnetic radiation and other immeasurable objects from industrial and living pollution has been produced more and more frequently. Thus, the consequent immission has become increasingly frequent. Our country dose not establish immission system, only sporadic rules dispersed in Civil Law, Property Law and series environmental law, which is difficult in judicial practice. This paper starts from the judicial practice, through the analysis of common law system, an overview of the relevant systems in Germany and France, and the status quo of our own academic study and research, legislative and judicial practice, which in order to explore the keys about how to build our immission system and how to improve the immission rules.The first part is the basic facts and problems. By three immission cases lead to the main problem of this article:1. How to define the physical properties such as noise, odor, and base station radiation; 2. How to identify the emission behavior constitutes a material infringement; 3. How to define the infringer and the victim; 4. how to remedy their rights.The second part is an overview of immeasurable substance and immission. Clarifying the type and characteristics of immeasurable objects, base on which we can have a better understanding of the concepts and features of immission, in addition, in order to better clarify the concept of immission, we contrast the immission and environment pollution. Although there are some similarities in infringers, adjust scope and characteristics, we can not confuse them. Scholars have no unified theories about the nature of immission, in which neighboring relations seem to be more appropriate.The third part is an overview about status quo on the system of immission. On the status of academic research, most research only refer to immeasurable objects’species and nature, or extracting material from the judicial practice, trying to clear our country’s principle of immission. On legislative situation, the country does not uniform immission rules; On judicial practice, because of the lack of specific provisions, the court mostly only review whether the emission behavior of the offender violated the "Property Law" Article 84 about "neighbor relations principles", and do not specifically examine whether the emission constitutes a major violation, whether the immission beyond the tolerance obligation of victim.The fourth part is to build our immission system. Through the different provisions set up by France and Germany,which we should learn from, the claim right should be chosen as the basis and be supported with the protection model of tort damages claim rights, put the interest balance principles into the basic principles of immission system, while improving our immission rules.first, to establish elements immission, including the scope of infringers, subjectivity, the rigths and interests which have been infringed, whether the victim has tolerated obligations; second, set up the immission criteria, clear the immission criteria of noise, light, smoke, gas, steam, heat, odors, smoke, ash dust, electromagnetic radiation; third, to clear remedies of immission, apart from the remedies on traditional private law, we should also set up the remedies on public law, give victim the rights to participate in administrative actions, especially on prevention and post-relief two ways.