On The Private Law Relief For Immeasurable Objects Invasion

With economic development, there are more and more contaminants get into our daily lives which called immeasurable objects such as noise, exhaust gas, vibration, electromagnetic waves and other new types of large numbers of measureless substance. Various social problems caused by immeasurable objects in need of the support of the law. Therefore, it’s necessary to carry out a solution in law. Many scholars have had researched the system of immeasurable objects. However, scholars only consider the entire system structure but private relief which means a lot in real value.With social accelerated pace of urbanization, kinds of such problems destined to appear in people’s lives. Only if we deal with immeasurable objects invasion on the private law relief, we could deal with social problems, only if we deal with the relief issues which is the people most concerned about, it is going to be a powerful safeguard of building a harmonious society. And to properly handle relevant issues, there must be clearly private laws to the legal basis for the judge, therefore the only way to solve such problems is establishing a comprehensive system in private relief for immeasurable objects invasion.Comparison method was used to research immeasurable objects invasion in the thesis, start from the definition and characteristics of immeasurable objects, then deep analysis of it. After that, the thesis explores the basis of private law relief to make clear that which infringement is adjusted by the private law, at the same time, set relevant limits to avoid abuse of rights. This paper mainly comparative study of the private law relief system for immeasurable objects invasion in Germany, France, Common Law and other relevant countries, made a synthesis of them to find out the relevant provisions of law apply to our national conditions, and try to introduce into China. Besides, also set the relevant private law remedies in line with China’s national conditions according to the actual situation in China.Due to the academic field still makes the definition of immeasurable objects unclear, the first chapter of this paper try to makes a clear definition of immeasurable objects, then make a comprehensive analysis of its characteristics which different from the traditional characteristics of infringement, In order to summed up a definition of immeasurable objects that contains all the characteristics, so that we can build the foundation for the implementation of private relief. For the second chapter of the paper, study the private law remedies analyzed the status quo first, then our country’s relevant systems. Find out deficiencies and areas that need to be improved, in order to providing direction for the research of this article. The third chapter analysis related systems abroad in comparison. Studied Germany, France and the common law countries to find out the set of "duldungspflicht" of immeasurable objects, as well as the similarities and differences of private law relief, and then identify the rules that suitable for China’s national conditions where we can learn from. The fourth chapter of this paper, specific measures are proposed, including make a clear distinction of immeasurable objects and make clear of the country’s " relevant provisions ", select comprehensive responsibility principle, and in the setting of "duldungspflicht", on the one hand make a clear obligation to tolerate constituent elements, on the other hand use of sequence of land should not be considered when setting the duty of tolerance which scholars are advocated;In private law remedies has taken a set of compensation claims for injured parties who was unable to get relief in legal but the monetary compensation; and concept damage should be ruled by legal. Finally, according to the existing provisions of the Property Law, variety of suggestions on private law relief in reality was given, in order to deal with problems encountered in reality correctly.