Research On The Tolerance Obligation Of Chinese Civil Law

The obligation of tolerance refers to the right holder’s slight non-interest to others that is justified and within the tolerance limit.It should have the right to raise objections,but it is tolerated in an inaction way to ensure that others gain benefits.Binding.However,the study of the theory of tolerance obligation in China lacks a certain system,and the standards of tolerance limits are also unclear.This article aims to discuss the relevant issues of citizens’ tolerance obligation,with a view to providing specific for the systematization of the theory and the practicality of practice guide.The thesis is divided into seven parts.The first part of the thesis is the introduction.Taking the research status of the theory of tolerance obligation at home and abroad as the research background,it analyzes the positive significance of studying the theory of tolerance obligation and expands the following.The second part of the thesis is the theoretical basis of tolerance obligation.Taking the origin of tolerance obligation as an entry point,the clear game relationship theory is more in line with the paradigm of the origin of tolerance obligation,and further clarifies the boundary between the tolerance obligation and the similar concepts of tolerance in life,the principle of prohibiting the abuse of rights,and discusses the setting The obligation of tolerance should follow the principles of necessity,modesty and proportionality.The third part of the thesis is the special attribute and theoretical value of tolerance obligation.It shows that compared with other obligations,the obligation of tolerance has the special properties of non-correspondence and non-domination,and it provides a new perspective for the connection between law and morality,and expands the scope of the theoretical study of obligations.The fourth part of the thesis is the scope of application of tolerance obligations.It is pointed out that the application of tolerance obligations should be based on the theory of broad sense,and should not be limited to the field of adjacent relations,but should be extended to multiple fields such as contracts,environmental infringement,intellectual property rights,and personality rights.The fifth part of the paper is the tolerance limit standard of tolerance obligation.Analyze the legislative examples of some foreign countries,sort out the theoretical achievements of foreign scholars on the tolerance limit of tolerance,and as an argument,put forward that in constructing China’s tolerance limit standard,we should grasp the legality and rationality of the behavior in two major aspects to avoid tolerance obligations Abuse.The sixth part of the paper is the legal consequences of the obligation of tolerance.It is pointed out that after bearing the tolerance obligation,the bearer of the tolerance obligation should be given the right to claim compensation for the bearer of the tolerance obligation that has suffered significant damage,improve the relief channel,and realize the balance and harmony of interests of both parties in the legal relationship.The seventh part of the paper is the conclusion.It is concluded that the theory of the obligation of tolerance should receive more and more attention in my country in order to promote the development of the theory of the obligation of tolerance,thereby promoting the further improvement of judicial practice.