Research On The Private Law Relief System Of The Intangible Objects

Conceptu,al non-quantitative infringement exists in different countries in a highly regional form.Although Germany refers to "conceptual non-quantitative infringement",France refers to "conceptual infringement",the United States is named after" spiritual intrusion",but its essence is the violation of individual "mental peace".China's conceptual non-quantitative infringement has always existed,but as the country enters the modernization era,the trend of internationalization and diversification is obvious,and the transformation of social relations and the collision of personality structures have emerged in many ways.The form of material infringement brings spiritual intrusion to neighbors and also causes the loss of the value of real estate.However,there is no specific provision in China's current law to regulate this,making its infringement relief unsustainable.Therefore,from the perspective of hermeneutics,this paper explores how to improve the private law relief system in China's conceptual non-quantitative infringement.In addition to the introduction and conclusion,the main text includes four parts:The first part is the basic theory that the concept of non-quantitative objects infringes on private law relief.This paper believes that the essence of conceptual non-quantitative infringement is the intrusion of spiritual tranquility,which at the same time leads to the impairment of the value of the real estate of the neighbor.Based on the prohibition of public order and good customs and the abuse of rights,the concept of non-quantitative infringement should be regulated to relieve the victims' spiritual security rights and property rights.The second part is the flaw of the concept of non-quantitative infringement of the private law relief system in China.My national law is deeply influenced by the German civil law,and the non-quantitative infringement system is constituted as a system of restrictions on the content of ownership.Through the analysis of the current relevant legislation,this paper believes that China's conceptual non-quantitative infringement of the private law relief system is lack of tolerance rules;the only criterion for the establishment of the infringement of the"national regulations"is lack of rationality,and can not create a flexible space for the rights boundary.In order to alleviate the conflict of interest;the conceptual non-quantitative infringement relief system is imperfect,the relief path of the property law is lacking,and the relief path of the tort law has certain limitations.The third part is the investigation of the private law relief system against the concept of non-quantitative objects.Through the analysis of the German private law relief system,the French private neighbors' refusal of private law relief system and the American spirit intrusion private law relief system,this paper argues that although the legislative norms of different countries are different,in order to achieve good neighborliness and friendship,the utility of the material is maximized.The general purpose of social coexistence,the concept of non-quantitative infringement must be regulated by the rules of tolerance obligations,supplemented by reasonable limits of tolerance obligations,and seek reasonable relief in light of the current state of legislation.The fourth part is the perfection of the concept of non-quantitative infringement of private law relief system in China.Combining with the defects of the private law relief system in China's conceptual non-quantitative objects and the experience of extraterritorial countries in infringement of private law relief for conceptual non-quantitative objects,this paper believes that the improvement of the concept of non-quantitative infringement of private law relief system in China should be considered from the following aspects:introduction of victims Tolerance of obligations,in the legislative technology should adopt the structure of hierarchical tolerance obligations;establish the criteria for the determination of non-quantitative infringement,comprehensively consider the nature and extent of the interests infringed,the motive of the perpetrator,and whether the perpetrator will notify the victim in advance,the relationship between land use,the feasibility of preventing or avoiding the infringement,whether the use of land in the area and the behavior of the injurer conform to local customs and habits;the concept of non-quantitative infringement occurs in adjacent situations,such as The consequences of the infringement are mainly manifested in the impairment of the value of the real estate,which is dealt with by the rules of the adjacent relationship or the infringement of the property rights.The impairment of the value of the real property may be claimed to exclude the form of liability for damages and damages;if the consequences of the violation are the damage to the spiritual peace rights,Based on the protection of general personality rights Economic,tort liability should apply the principle of fault liability on the notion of spirit can not be measured against the damage was caused by the removal of obstacles,be the responsibility of the relief in the form of compensation for moral damage through.