Immission Obligation To The Victims Of Tolerance

With the development of trade and industry, from gas, steam, noise and vibration caused by the dispute can not be the amount of material present rising trend, China's Property Law provides for immission system, but the tolerance of the victim did not clearly define the obligations, allows judges the discretion enjoyed by the difficulty to grasp. Obligations of the victims living in the heart of tolerance, so if you want to improve the immission regime to be particularly concerned about the special obligations of the victim's tolerance.Immission victims assume certain obligations of its theoretical root cause of tolerance is the right balance between the inevitability of conflict, it is the obligation to establish tolerance and important way to resolve conflicts of interest, it is necessary to establish the obligation of reasonable damage, but to strictly control reasonable use of this element.Abroad for the immission of the system early in our country, where the German Civil Code provides that the tolerance limits of the Japanese, the French system of neighbor prejudice, common law systems such as personal harassment for victims of intolerance immission obligations are detailed requirements, so we have to draw on the relevant provisions of foreign countries, especially Japan, the limits of tolerance, combined with the actual situation of China's national conditions and to improve the immission regime of tolerance obligations.In fact ,the victim is a judicial practice of tolerance limits of Judgement immission standards established, if the over-emphasis on obligations to the victims of intolerance is inconsistent with the concept of people-oriented; if the prejudice to the obligations of over-focus on the perpetrators, it may have only protect the interests of the victim's property leading to economic production lag.As we all known, there are violations of relief, we have described tolerance limits when the perpetrators than usual, then the victim the right to claim damages, according to the principle of autonomy of the civil law, property law should be taken to the main relief, and relief supplement tort law way.