Improvement Of The Application Of Adjacent Pollution Infringement Laws

In the current judicial practice,adjacent pollution infringement disputes are based on infringement of different private interests and public interests,and the legal application of the adjacent relationship system or the environmental pollution infringement is in conflict under certain conditions.Through the China Judgment Document Search website,76 sample cases were selected to conduct empirical research.It shows that the majority of the adjacent pollution infringement disputes are applicable to the adjustment of the adjacent relationship system of civil law,and only a small part of them are applicable to environmental infringement rules,indicating that for the adjacent pollution infringement in judicial practice,there is no uniform standard for law applicable to the adjacent relationship system and environmental pollution infringement.Whereas,there are substantial differences between the two,the application of adjacent relations has certain limitations,and there are still deficiencies in the application of environmental infringement;and there is a cognitive deviation in the judicial practice of civil law adjacent systems and environmental pollution infringement,resulting in confusion the application of adjacent pollution infringement laws.For this purpose,through the interpretation of the legal norms of the existing adjacent relations and environmental pollution infringement,and then based on the coordination of adjacent relations and environmental pollution infringement,the environmental adjacent rights are proposed,both of which move ahead jointly to solve the chaotic application of adjacent pollution infringement with effective strategy.The article is divided into four parts:In the first part,based on the cases selected by the China Judicial Document Search website,a judicial empirical study was conducted on the application of adjacent pollution infringement laws through statistics and analysis of the distribution areas,types of pollution,and types of parties involved,it was found out that thecurrent judicial status is the most of the adjacent pollution infringements were applied to the system of adjacency relations and a few applicable to the environmental pollution infringement rules.The second part,through the aforementioned empirical research,it was found that the existence of adjacent pollution infringement law has different identification standards,which leads to different verdict for the same legal case,and the imperfection of legal application path leads to insufficiency of compensation and remedy,and then explore the root cause of the dilemma from theoretical insufficiency and diverse perspectives of judges in practical cases.The third part,through the interpretation of the establishment value of adjacent relations and environmental pollution infringement system,the interpretation of the legal norm texts of the adjacent relationship and environmental pollution infringement are conducted,and the explanation with interest measurement,to flexibly and effectively solve legal application dilemma in practice.The fourth part,based on the coordination of the adjacent relationship system and the environmental pollution infringement rules,the construction of environmental adjacency rights is proposed from the perspective of legislation.We will improve the system of environmental adjacent rights by following the principles including prohibiting the abuse of rights,establishing the principle of benefit measurement,the right to livelihood convenience,the right to exclude requests for non-quantifiable objects,and the importance of prior prevention and confirmation of responsibility.