Research On System Of The Infringement Of Measureless Substance

The speed and the trend of China’s economic development are obvious to see in the world. Even though China has repeatedly stressed the transformation of the mode of economic growth, the industrial-based secondary industry still occupies a pivotal position. And the way to pollute the environment for economic growth has not been completely changed. Meanwhile, as people’s living standards remain high, the private cars are universalized in people’s lives. A recent report shows that every three Chinese people own a car. The emissions of the gasoline-based vehicle exhaust cause serious environmental pollution. The frequent fog and haze weather is the maximum punishment for human beings. Even the industries based on scientific and technological activities can also emit radiation, electromagnetic waves which cannot be measured but will certainly have a huge impact on the production to human life and harm human’s health, safety and even their lives.Measureless substance tort belongs to the concept, it is so important on the civil law, not an amount of variety, the impact can be large or small, some belong to the limits of tolerance range, some are subtle, the consequences of damage can become apparent for a long time, and there is direct infringement for it. For-example, radiation, noise, light pollution, smoke, smell and so on can be classified into the measureless substance. China’s Property Law, Tort Liability Act and relevant laws have no systematic regulations but a few general requirements about infringement of measureless substance. Thus, some this kind of complex cases cannot be effectively solved. As a result, the people whose rights have been infringed are unable to get help and compensation and the social conflicts are inevitable. Therefore, it is imperative to formulate a sound and perfect institutional system about the measureless substance infringement.Such as noise pollution, light pollution, these cases are common in life, this paper introduces one simple case, analysis of legal theory contained in such cases, the combination of theory and practice, draws out the measureless substance tort this seemingly abstract problems, make specific, detailed, can make the general reader understanding, to achieve the effect of easy reading; and then introduce the meaning of measureless substance and measureless substance, nature, the nature includes the distinction between infringement, adjacent relation and the pollution of the environment infringement, to the measureless substance tort to clear qualitative; then introduce the types of infringement of, such as public welfare the perpetrators and private perpetrators, positive and negative infringement and so on, there is the base of theory, the last part is the most important part of this paper, the necessity of our country cannot set up a biomass of the tort system, the connection with the adjacent relations system and pollution system, proposed the measureless substance infringement judgments and legislative suggestions. Foreign countries on the issue of legislation and solution are very successful, our country can learn valuable experience, how to make this system root on our country faultlessly, it needs our country and scholars attach great importance to find a proper and feasible measures to solve this problem.