Study On The Civil Liability System Of Adjacent Relations In China

In the traditional sense,the adjacent relationship is a special relationship of rights and obligations between the owners of the adjacent real estate based on the adjacent real estate.Nowadays,with the rapid development of the market economy,the communication activities between people have become increasingly close,and the bond of rights and obligations between people has already surpassed the previous rural neighborhood,and is not limited to face-to-face interaction.Adjacent relations in civil law system in our country also conveniently adjusting range expansion,beyond real estate adjacent to the limitation of adjacent)(such as land,buildings,extends to the adjacent water water,adjacent to traffic,adjacent ventilated daylighting,and even not volume content and adjacent telecommunications aspects of adjacent,is penetrating into every aspect of people’s life.With the increasingly close communication between people,all kinds of conflicts and disputes in the society become more and more intense.Therefore,proper handling of the adjacent relationship can effectively play the role of law in settling disputes and resolving disputes,and deal with social conflicts.Will begin from neighboring relations system in China,this paper selected the adjacent relation of civil liability system in China point of study in recent years our country adjacent relation of typical cases in the judicial practice,this paper analyzes the present of Chinese society in the course of the implementation of the civil liability system of associations between adjacent problem,and then from the blame subject,system,content,method and related mechanisms such as imperfect legislation level and applicable law,the referee,theoretical and practical knowledge and relevant supporting measures is not sound analysis of the cause of the problem,and combining the actual situation in our country,beneficial experience in reference comparison method,and then puts forward the corresponding perfecting suggestion.In order to provide reference and inspiration for the legislation and judicial practice of the civil liability system in the adjacent relations in China,the author hopes to better solve the legal disputes in related fields,improve the relevant laws in China,and promote the harmonious development of the society.This paper is divided into five parts in structure: the first part summarizes the basic theory of the adjacent relationship civil liability system,involves the connotation of the adjacent relationship system,the definition of the adjacent relationship civil liability system and the theoretical basis;The second part summarizes the current situation of the adjacent civil liability system,and finds out the problems in the system operation by combing and analyzing the typical cases.The third part analyzes the causes of the problems in the operation of China’s civil liability system of adjacent relations from two aspects of legislation and judicial practice.The fourth part draws lessons from the relative systems and theories of comparative law to discuss the experience and enlightenment of our country.The fifth part puts forward some Suggestions to perfect the civil liability system of adjacent relations in our country from the legislative and judicial aspects.