Font Size: a A A

Study On Non-quantitative Infringement And Relief System

Posted on:2020-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q ShiFull Text:PDF
GTID:2416330596487500Subject:legal
Abstract/Summary:PDF Full Text Request
The problem of inviolable objects has existed in ancient times.The discussion can be traced back to the ancient Roman period.Before the second industrial revolution,most people still lived in the rural society of the era of cattle and horses.People's special attention.After the second industrial revolution,industrialization and urbanization became the trend of social development.The factories were towering,the buildings were towering,the population was concentrated,and the infringement caused by noise,exhaust,light,electromagnetic and other intangibles was increasingly concerned.The civil law countries represented by Germany and France and the Anglo-American law countries represented by the United States and the United States have made detailed regulations on this,and played a unique role in maintaining social stability and promoting harmonious development of society.In contrast,China's regulations on the inviolability of non-quantitative objects are relatively inadequate,and there are great problems.Therefore,it is necessary to draw on the advanced experience of foreign legislation on the basis of China's specific national conditions and judicial practice.Seek to improve the system.The article is divided into four parts.The first part mainly introduces the basic problems of non-quantitative infringement,including the concept,characteristics,nature and the relationship with the adjacent relationship system.The second part mainly introduces the foreign regulations on the system,limited to For reasons of space,this part only introduces the more representative German and French regulations;the third part of the main part of the article analyzes the problems faced by China from the specific case and elaborates some important theories.From the perspective of law and economics,it analyzes the advantages of the non-quantitative infringement system in dealing with the conflict of interest between neighbors;the last part is the author's discussion on perfecting the system.
Keywords/Search Tags:unmeasurable, adjacent relationship, tolerance obligation, relief mode
PDF Full Text Request
Related items