Study On The Civil Law Protection Of Environmental Personality Right

As the public relief can not meet the needs of the comfortable living environment of the natural person,it is more urgent to protect the environmental personality right in civil law.Based on this,environmental personality right has gradually become a hot topic for scholars to discuss its connotation,nature and relationship with other related concepts.At the same time,the academic community is facing a more urgent problem of how to provide practical civil law protection for environmental personality right.Starting from the overview of environmental personality right,this paper defines the connotation and nature of environmental personality right,distinguishes it from related concepts,and provides a theoretical basis for the later study of civil law protection of environmental personality right.Through the analysis of the right to life and health,the right of general personality,the neighboring relationship and the original tort law of the people's Republic of China(hereinafter referred to as "tort law")and other relief ways.Combined with the civil code,it concludes that there are some problems in the civil law protection of environmental personality right in China,such as the lack of claim basis,the incomplete or unclear protection of rights and the lack of coordination of legal system.Then through the investigation and Research on the civil law protection of environmental personality rights in the United States,Japan,Italy,Ukraine and other countries,combined with the current situation of civil law protection of environmental personality rights in China,it is proposed that in the future legislative improvement,environmental personality rights should be confirmed by legislation,incorporated into the civil code for protection of personality rights,and integrated and improved the existing civil law relief ways The enlightenment content of our country.In the end,the author puts forward the idea of strengthening the civil law protection of environmental personality right,such as the content of legislative confirmation and the design of relevant legislation,linking up and coordinating the relevant laws of environmental personality right,so as to improve the civil law protection of environmental personality right in China.The purpose of this paper is to coordinate and improve the relief ways provided by the existing laws,and hope to increase the legislative confirmation of environmental personality rights in the future legislative improvement,so as to achieve the purpose of civil law protection,and to meet the growing needs of people for a better living environment.