On System Of The Neighbor Environmental Relation

With the speed of industrialization and urbanization added fast, environmental adjacent relation become increasingly complex. Traditional adjacent relation in the adjustment of the deficiency of adjacent when environmental infringement has aroused the attention of base in our country; it becomes urgent to study the question. Compared with foreign legislation, our neighboring relationship, and slightly behind the environmental adjacent relation system is put forward, not only solved the realistic problems, but for the development of civil law has the huge promoter action.By using comprehensive analysis, comparative analysis, historical research, empirical analysis and value analysis and other methods, in-depth analysis of the adjacency relations system, environment adjacent relation system, environmental tort system, exile environment adjacency relations system and the perfection of the legislation of our country. First of all, to environmental adjacency relations have a deep understanding, must from traditional according to the concept of adjacency relations. In-depth analysis of the adjacent relation meaning, properties and characteristics and the history of the development of adjacency relations, from the basis of the above conclusion that traditional adjacency relations in environmental protection in the neighboring rights defects.In neighboring relationship of traditional thorough analysis basis. To environmental adjacency relations have a profound understanding of, have to from its characteristic, purpose, the function, the guiding ideology that characterized on adjusting range expanded, the ecology and containing the object characteristics such as spiritual interests, establish environmental adjacent relation system is designed to promote the ecological research, and civil law required environmental adjacency relations pointed out that setting up the guiding ideology should insist on sustainable development and overall consideration. Finally studied emphatically the basic content of environmental adjacency relations, from the perspective of legal effectiveness, consider the environment adjacent relation is not confined to the land as the benchmark in adjacent to define, introduce the environment influence each other adjacent formed the concept rights.In order to develop environmental adjacency relations to further research and application of the adjacent tort system environment are analyzed. First discuss the environment infringement of adjacent legislative orientation system in China. And then analyses the environment tort system adjacent imputation principle, recommended no-fault liability principle, but also should stipulate a exception condition. At last, analyzed the environment infringement, the components of the adjacent that its constituents, including three inflictions caused by behavior, objective existence of the damage, the definition of facts causal relationship. The last is perfect our country environment adjacent relation of thinking. Through the continental law system and common law system in the environmental adjacency relations, to improve our environment adjacent relation system provides the important legislation can be reference for reference. Through the analysis of the our country environment adjacency relations, and points out that the legislation to the defect existing in the legislation in our country, and finally puts forward Suggestions, first to establish the basic principles of environmental adjacency relations, suggestion interest measure principle and classification established, secondly, give full play to the principle of public law regulation environment adjacency relations, to perfect our role the construction of environmental adjacent relation system.