Tort Liability System Research Of The Measureless Substance

Immission, for many people is a very strange concept. But in fact, it is a very important civil law content with our lives. Immission and can immission relative, mainly refers to those extremely small, invisible to the naked eye that can not recognize and has a divergence of substances, such as noise, odor, vibration, light, electromagnetic wave on the adjacent property or the environment infringement. Currently,only in the chapter of neighboring relations of "Property Law" can we find the guidelines provisions of immission in China, so to form a unified sound from the amount of material non-invasive system for the remaining distance. So this article based on our current legislation and practice in involving the provisions of immission proceeding related to the system through the analysis of foreign, trying to invade our country is not the amount of material to establish the system to find the right direction. This article is divided into six parts, the first part is the meaning of immission, immission from the concept of immission of the object and scope of its aspects are briefly introduced; the second part is not the amount of infringing material Historical Review, not the amount of property from infringing on the establishment and development of systems analysis, obtained in China to establish a unified sound immission the necessity and urgency; the third part is not the amount of infringing material Elements that the amount of material non-infringement of property rights should include the objective elements of the implementation of the specific behavior of people and property right holder's conduct does not have legitimacy. Subjective elements include victims of violations beyond the tolerance limits and violations threaten the balance of interests; fourth part is the amount of material non-infringement of private relief ways, by comparing the property law system as the center of Germany and the tort system as France was the center of the immission of the remedies that should choose the German Law of Property Protection of the model, but not limited to the way property rights protection; fifth part pointed out that China should expand the tort system can not adjust the amount of material range, clear obligations and limits of tolerance, and improve the amount of material non-infringement relief system, the introduction of the balance of interests to establish a variety of dispute resolution mechanisms, and the five-pronged approach to improve the amount of non-physical tort system; the sixth part of this article the conclusion that the amount of material non-invasive system and harmonious social relations, and the system on the important role of building a harmonious society.