The Private Remedy Research Of Immission

Immission refers to be caused harm by the intangible medium called intermediary such as light,noise,smell,which results in infringement of others’property or personal injury.With the scientific development and modern pace of social life becoming rapid,there are emerging endlessly cases of immission caused by varieties of stench,noise,atmospheric pollutants and water pollutants in daily life and industrial production as well as other new types of unmeasured materials.However,nowadays, there are deficiencies of several aspects as following in Chinese rules of immission.At firs,in China’s "Property Law" Article 90,although it is ruled that unmeasured material is in the chapter of adjacent destruction the concept of immission itself is not explained in details so that people always are confused immission with the environmental pollution damage.In fact,there is essential difference between immission and the environmental pollution damage. Secondly,The core problem of the infri-ngement of unmeasured material in China’s "Property Law"---- the duty o f tolerance is not stipulated in detail, thus the court have to judge at libert y by drawing lessons from foreign laws and theories in judicial practice Thirdly,In the respect of the infringement of unmeasured material, because of the uncertainty of legal application, the stability and operability of the legal application in the judicial practice is not strong.This paper aims to start with defining immission and emphasize on analyzing the composition and relief issues of immission.Thesis is divided into four parts:The first part mainly introduces the concept of immission,and analyzes the unmeasured material from different perspective,finally,concludes the adjacent and violative attribute of immission.Moreover,it distinguishes the concept between immission and tort,adjacent immission and the environmental pollution damage,and explore the nature of adjacent immission further deeply.The second part emphasizes on the immission of illegal judgment,explained as long as the amount of emissions violate the state law,the relevant provisions of departmental rules,and local governments normative documents,it constitutes immission.The third part focuses on the obligation of tolerance. It is the core issue whether the immission emissions can be subject to a legal remedy or not. Through comparative analysis of national obligations accordingly tolerate analysis,and by referring to the relevant provisions of the countries, the thesis points out the relevant factors which are essential to be thought about in our judicial practice whether the parties have obligations under relevant factors that should be considered tolerable.The fourth part is about the content of private remedy of immission. It mainly analyzes the claims subject of immission,two main ways of taking responsibility and under what circumstances there is remedy for the injurer’s immission behavior.