Research On Legal Regulation Of Spiritual Intrusion In The United States

This paper mainly studies the constitutional elements of the American moral nuisance system and the criteria for judging its tolerance.Moral nuisance is defined in the civil law countries as the intrusion of conceptual immeasurable things.There have been a lot of conceptual intrusion cases in judicial practice in China.But in China’s "property rights law",the adjacent relationship chapter does not specifically address this issue,which places the judicial practice in a difficult situation,and the United States has already solved such problems through legislation and judicial precedents.Therefore,author proposes establishing the system of the intrusion of conceptual immeasurable things in China,based on the existing system of the intrusion of material immeasurable things and the American moral nuisance system,so as to provide a clear basis for the judicial practice.This article is divided into seven parts.The first part introduces that moral nuisance is one of the types of private nuisance in the United States’ nuisance law system,enumerating situations that can cause moral nuisance,the consequences of moral nuisance,and scholars’ evaluation of moral nuisance system.The second part introduces the elements of moral nuisance.First,we discuss the general constitutive elements of private nuisance,and then look at the constituent elements of moral nuisance from the general constitutive elements of private nuisance.Both of them need to be "non-intrusive",cause "substantial" damage,interfere with "irrationality",and"Interference with real estate rights to the use and enjoyment of real estate".At the same time,moral nuisance also needs to have "nuisances are not protected by law" and "a moral nuisance claim is even stronger when the k activity is not only immoral but illegal as well".The third part mainly discusses the two essential elements of"substantial damage" and "unreasonable interference" from the perspective of tolerance obligation,and enumerates and evaluates its judgment criteria.The fourth part introduces the defense of moral nuisance.First,it lists the different scholars’ generalizations of the types of defense arguments,and then mainly introduces three common defense reasons:"Victims proactively approach intrusions","Nuisances is authorized by law," and"Third person’s behavior".The fifth part introduces the relief of moral nuisance.In the case of moral nuisance,the remedy for victims is mainly to issue bans and damages.The two types of remedies have different types and applicable standards,and there are also a few scholars claiming that "self-help mitigate damages" can be a notable method.In the sixth part,the representative cases of moral nuisance in the United States are introduced,and the elements of spiritual intrusion are introduced and analyzed in the cases of "naked baths","drug station",and"discarded real estate".The last part discusses the existence of the intrusion of conceptual immeasurable things,that is,the moral nuisance in China,and enumerates examples of the intrusion of conceptual immeasurable things under China’s national conditions.Secondly,it discusses the lack of conceptual intrusion in the current law in China,and scholars has two different views in favor of and against establishing the system of intrusion of conceptual immeasurable things.Finally,it concludes that it is necessary for China to learn from the American moral nuisance system to establish its system of the intrusion of conceptual immeasurable things,and the author proposes legislative proposals.