A Legal Analysis On An Action Caused By A Tree

Individual interests are difference with public interests, but the both interdependent and inseparable. People have different views about which the public interest and individual interests are more importance. The author to have an idea that in modern society there are more social relations and more complex, a hasty rash conclusion is unscientific. When viewed from the reality of the problem, we have to combine with analysis of specific cases. Now there are more appeared in China are one person to give up his personal interests for the public interests,so the focus of this paper are how to protect personal interests and how to compensate the person who has give up his personal interests for the public interests. This article has a particular analysis of a case, focusing on the law of all aspects of personal interest in the protection.In this paper there are four chapters:The first chapter is the case and the theory outlined in the introduction. A tree had bad influence in a house which is only 70 cm from the house. But the court did not support the house owner.Chapter II has detailed analysis of the Bureau of Parks action. Bureau of Parks has the right to make decisions. The decision is the specific administrative act, the external administrative action, unilateral administrative act.Chapter III has analyzed the Court's trial. The court not only review the legitimacy also should examine the reasonableness of the administrative action. Many laws in China are some of the provisions of the Protection of personal interests, but there is not a uniform legal to aim at this situation.The fourth chapter is impression on this case. First section gives some possible ways protection of the interests of the house owner in the case. Section II made recommendations of the legal system and for social assistance to the parties and discussed in detail the reason.