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Study On The Legal System Of Environmental Adjacent Right

Posted on:2016-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2296330473956484Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the modern development of the global economy, the world are generally ignored that sacrifice people living environment and the one-sided pursuit of economic growth phenomenon. Environment is the human living and breeding sites, its quality and the quality of life of people is closely related to the level of. In recent years, the environmental pollution and damage on the basis of the more and more serious, more and more people living in the face of the adjacent right of environment disputes, and the rights and interests of the dispute is no longer a new things, there are all kinds of related litigation. Neighboring environment right is a new legal concept in civil law of the neighboring relation system based on a combination of environmental factors and appear, is essentially to solve environmental problems through the neighboring right concept, the purpose is to adjacent real property to provide a clear "Jingwei", to ensure maximum real estate adjacent to the friendly relations between all the people. However, because of our country for the establishment and the perfect system of neighboring environment right are still in the initial stage, many of the legal system is not comprehensive, not only allow offenders to infringe other rights and interests of a party, to bring a lot of problems in judicial practice.In this paper, through the discussion and analysis of the theory of environmental right, a comparative study of the relevant provisions of the foreign related system and advanced theory, in the analysis of this system in the development of our country, focus on how to improve China’s neighboring environment right system and put forward some feasible suggestions. The article is divided into four parts to elaborate this research topic.The first part defines the main content of the first through the analysis of the case led to the neighboring environment right. Basic legal concepts in a clear meaning and development as well as the adjacent relation of environment right, summed up the necessity of the existence of the connotation of theory of neighboring environment right and the theory and the particularity of the.The second part is the analysis of different legal systems in Germany, Britain, Japan and other foreign legal rights to the comparative study on the foreign advanced theory, in the neighboring environment right theory and advanced methods, is worth our using for reference.The third part is the description and analysis of neighboring environment right in the development and the current situation of our country, through combing our country about the system of law, make sure our "property law" performance at the same time, China has provisions on the neighboring environment right legal system is not comprehensive and the incomplete law in the judicial practice. For the difficult problem.The fourth part on the basis of summing up, there are several ponders and the neighboring environment right in the article of the case problems, puts forward suggestions on how to improve the legal protection of neighboring environment right in china.
Keywords/Search Tags:neighboring environment right, Immission, Balancing of interests, The prevention and relief
PDF Full Text Request
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