Immission Of Spiritual Substance

With the continuous development of China, the population density is more and more big. Besides, the various cultural zeitgeists attack each other, and people’s sense of self are enhancing gradually. At this time, a special kind of the increasingly prominent contradictions between neighboring realty has appeared, namely the relationship of neighborhoods which based on the immission of spiritual substance.The ordinary immission of imponderable substances always present in a physical or chemical form, but the immission of spiritual substance affects spirit and damages others’ profits. Because of its specificity, some countries haven’t considered this problem in the process of legislation, but parts of them have solved it by using legislation of judicial interpretation.However, in neighboring relationship chapter of the property law of China, there is no specifically rules for this problem. This led to a result that the judge cannot solve such conflicts in reality. Therefore, this paper would make a new explanation on the current rules, and offer a clear train of thought for practice.This article was divided into four parts.The first part was the introduction part, mainly using the case in Beijing Shunyi district to present the concept of the immission of spiritual substance. The plaintiff in this case mentioned that the defendant’s behavior affected their life quality and the rent incomes. The article analyzed the specificity of this excuse and its relationship with this article. In this section, the author also made a conclusion of the current domestic research, and found out the topic was rarely studied. There are a few letters on raising points or introducing experience of other countries.The second part is the basic theory and practice of the ordinary immission of imponderable substances. The current research of the immission of spiritual substance was rare, so the author had to collect the theories of the ordinary immission of imponderable substances as a general reference. It included theories from Germany, Switzerland, the United States and Japan, and also the condition of legislation, judicature and theories in China.The third part was analysis of the immission of spiritual substance. The author discussed the ways of spiritual substance’s immission through diagrams, and concluded that the two results are personal injury and property damage. After compared it with the ordinary immission of imponderable substances, their commonness and characteristics were present. Since then, the author investigated the performance in reality of the immission of spiritual substance. Through the study of historical documents and modern instance, bonding with our country’s characteristic and the modern factors, the custom’s important role in solving the case was clarified.The last part discussed ways of solving problems based on the second and the third part. The author not only referred to the theories and the relief ways of the ordinary immission of imponderable substances, but also adjust them with characteristics of the immission of spiritual substance. After solving the key problems such as how to judge the limitation of tolerance in relationship of neighborhoods and the doctrine of liability fixation, the author gave the current law China a reasonable explanation, putting forwards three relief methods based on the property law and the law of torts. The paper provided a general train of thought for the judge.