The Confrontation And Limitation Of Rights

In recent years, with the rapid development of China’s mobile communication, the construction scale of mobile communication base station is increasing, due to the characteristics of wireless communication technology, determines the planning and siting of mobile communication base stations need to cover the range of the radio waves, the adjacent base station and other objective factors to determine the location, communication operators is difficult to avoid the need to rent a building roof or exterior walls on civil to construct communication base station, due to the social public awareness of protection of their own rights is increasing, because of the mobile communication base station construction, litigation emerges endlessly, China’s current urbanization reform and development continues to deepen, city population is increasing rapidly, as the new expansion of the urban regional planning purposes mostly use to construct residential areas to satisfy the rapid growth of urban population living demand, for mobile communications operators providers they need to be in the process of rapid expansion of the city, while ensuring perfect supporting communications infrastructure and provide quality mobile communication services, the contradiction of mobile communication base station construction and resistance intensified, construction of mobile communication base station faces heavy resistance, this paper is focusing this social phenomenon to expand analysis of related legal principle and discussing of judicial practice.Firstly, this paper through analyzing the mobile communication network operating principle, to expound the base stations planning scientificalness and cannot be change Arbitrary, leads to the main reason of the contradiction, carded base station construction legal basis and legal basis of homeowners impedance base building construction respectively, During the analysis, through data analysis to certify mobile communication base stations doesn’t violate personal rights substantively, base station construction relate to main legal interest is the distinction between ownership of the building, which established the central question of this study,namely is combination of mobile communication base station construction disputes analyzes limit of the rights exercised.This paper connect actual cases with the relevant legal principle in-depth analysis, Discusses legitimacy of public authority protecting mobile communication base station construction from the perspective of legal principle.the judiciary should follow what ’t guide to judge. Finally, putting forward relevant proposals from solving way and the legislative level, hope the theory can be beneficial to resolve the disputes from the legislative and judicial practice.