Study On The Tolerance Obligation Of Chinese Civil Law

The obligation of tolerance originates from the re restriction of the law to the right,which means that someone has the obligation not to raise an objection or objection,and this objection or objection is his right to put forward,that the original right of the right party is subject to the re restriction of the law.The obligation of tolerance is a common legal relationship in our daily life,but the research of the legal circle is very limited,and the systematic,comprehensive and deep research is very few.Although there are some regulations about the obligation of toleration in the legislation of property rights,contracts and infringements,the regulations are not systematic.Cases involving the obligation of tolerance in the field of justice emerge in an endless stream,and legal relations are complex,and it is difficult to make effective norms on the present limited obligations of tolerance.The relevant legal documents issued by the Supreme Court are only universally replies to specific cases.Therefore,it is necessary to advance the legalization process of our civil law tolerance obligation and speed up the construction of our civil law tolerance obligation system.First,through literature review,we summarize and summarize the research results of the basic principles of tolerance obligation by scholars abroad and abroad.Secondly,on the one hand,through the arrangement of the law related to the obligation of tolerance in the current legislation,the current legislation and existing problems in our country are summed up.On the other hand,through the analysis of typical cases,the problems in the application of the judicial referee are summarized.Thirdly,through comparative research and analysis,the legislative provisions and theoretical application of tolerance obligations in common law and continental law system are compared,and the legislative proposals and theoretical results for reference in China are extracted in combination with the national conditions of our country.Finally,in view of the above problems,we put forward corresponding legislative proposals and considering the comprehensive factors in application.Due to the lack of the legal system of tolerance in civil law and the study of the theory of tolerance obligation,the new problems can not be solved properly.Therefore,it is necessary to promote the legal process of tolerance obligation and increase the obligation of tolerance to the general provisions of civil rights and obligations.In legislation,the standard of judging the duty of tolerance is clearly defined,the legal rights and interests of the bearer of tolerance are protected,and the "utility measurement rule" is introduced as the criterion of judgment;the nature and social value of the judicial general and the social value of the infringer,the efforts to prevent the infringement,the nature of the infringement of the interests and the extent of the damage are taken as the reference standards.And provide some suggestions for building our tolerance obligation system.