The Research About Liability Of Compensation In Environmental Rights Of Adjacent

As the center of modern industrial and commercial activities, science and technology brings comfort and social welfare to the human life, but also poses a serious infringement of the hustle and annoyance. In adjacent areas, the relationship occur within such scope and limits of certain neighboring relations which is based on objective requirements of environmental protection is called neighboring rights. Although there are some reflections of adjacence on environmental protection in our civil law, but there still are some problems of the environment of neighboring rights’ protection in our laws which of them mainly focused on liability for damages. Compared with foreign legislation, this paper centralize exploring power sources, doctrine and operational mechanism of compensation liability in order to defeat perfectly the affected environmental neighboringrights of people which is based on the defects of environmental adjacent.Based on the premise that in the face of the reality of environmental predicament traditional theory of neighboring rights gradually dip of the "green" color trends, this paper contact and discuss differences and discrimination of neighboring rights, environmental tort and the environmental neighboring rights with the considering environmental neighboring rights as a theoretical basis to resolve environmental disputes in neighboring right under the right environment adjacent relief. Based on the comparison of foreign-related protection systems on the environment and the particularity of neighboring rights, creditor designs and plans neighboring rights violations of environmental damage compensation system and proposes initial idea of compensation liability by using creditor claimsas a supplement to avoid rigid stereoty of pesproperty protection means.