Research On Damages Of Adjacent Right Of Environment

The adjacent right of environment is the result of the combination of the environmental right and the Adjacent right, The legal origin of the adjacent right of environment of our country is "Property Law of the People’s Republic of China" ninetieth. Due to the provisions of the "General Principles of Civil Law of the People’s Republic of China" in the provisions of adjacent relation processing principle "favorable production, convenient life, solidarity, fair and reasonable" and "Property Law of the People’s Republic of China" : "the provisions of the state", a belongs to the subjective standard, difficult to obtain when parties agree; a belongs to the objective criteria, but in reality are too numerous and jumbled, also doesn’t help when things agree soon. In reality, the disputes between the adjacent right of environment are increasing, and the disputes in the process of judicial practice are relatively large.In this paper, we first take the adjacent right of environments an example, and the problems in the process of solving the problem of the damage to the adjacent environment right are brought out. In the second chapter, combined with discussion of the case, from the determination of the nature of the dispute,infringement and whether or not the judgment standard, causality and prove the extent of, tort liability bear ways of demonstration analysis the insufficient current neighboring environment right legal system. In the third chapter, from the creation of environmental rights, the unification of national technical standards, the establishment of punitive damages system, this paper puts forward the further improvement of the legal recommendations.