Study On The Right To Landscape From Perspetctive Of Private Law

With the improving of the people's living standard,people's life quality and living environment more and more high quality requirements,living in the beautiful and good environment can make people peace to entertain and inspire people's creative potential,so a good landscape environment has become a natural demand of people and an important index of modern residential environment.In recent years,the disputes about landscape environment are emerging one after another.However,China has not established the protection system of landscape rights,which makes people's claims on landscape rights fall into the predicament that cannot be relieved.Based on this,this paper analyzes the feasibility of private law protection of landscape rights and explores the ways of relief of landscape rights.This paper is divided into five parts.The first part is the definition of landscape right.This part is mainly to discuss the meaning of landscape right,first of all,the meaning of landscape is discussed;Secondly,the concept of landscape right is defined.Finally distinguish the right of landscape and related rights,clear characteristics of the right of landscape.The second part discusses that landscape right has the property of private right.Firstly,it makes clear that landscape right is a new kind of right with both public interest and private interest,and demonstrates the private right attribute of landscape right and the private right attribute of academic landscape right by quoting and analyzing Japanese "national landscape lawsuit".The third part discusses the necessity of private law protection of landscape right.Only when a right is necessary can the realistic possibility of protection be discussed.Therefore,this paper analyzes the necessity of protection of private law from three perspectives:the nature of landscape right is human rights,the interest of natural person's landscape is the interest worthy of protection by law and the need of judicial practice.The fourth part,through the analysis of the elements of the legal relationship of landscape rights,tries to determine the scope of the subject of landscape rights,landscape interests and the content of landscape rights,so as to construct the landscape rights.The fifth part discusses the civil liability of landscape tort.From the tortious liability constitution and the tortious liability form carries on the elaboration.Taking the landscape right in the context of private law as the starting point,this paper analyzes the concept of landscape right,its private right attribute and necessity,and attempts to construct the landscape right and provide ideas for solving relevant disputes in judicial practice through analyzing the civil liability of landscape right.