The Adjacent Relationship Between Modern Civil Legislation, Custom And Justice

Neighboring relations are the important content of the ownership property rights in civil law that originate from the Roman law,same as easement.China’s property law was promulgated in 2007.From then,neighboring relations have been paid great attention and researches increase gradually.However,most of these researches are about Roman law and foreign law,neglecting the practice of neighboring relations in traditional Chinese society and the civil law about neighboring relations.This method that limit to foreign research isn’t conducive to inherit our traditional culture,and also do harm to create a law system with Chinese characteristics.So it has a realistic significance to research the specification and practice of neighboring relationship.This article is divided into one introduction and five chapters.The introduction is mainly about the writing purpose,research status and methods.There are many researches about neighboring relations in civil law.But the researches about modern neighboring relations are less.This article is based on historical records and research books,from the perspective of civil law and legal history.The first chapter mainly discusses the history and theory of the modern neighboring relations,and reviews the neighboring relations in ancient days.Besides these,the first chapter analyzes the economic,political,judicial motivation for the modernization of civil law,and summarizes the influence of modernization on neighboring relations by internationalization and localization.The second chapter mainly discusses the neighboring relations in the civil law.It combs the formulating process on three civil codes and one transition civil law.It can be found that the Code of the Republic of China Civil law is better than Qing dynasty and Beiyang Government.The third chapter mainly discusses the neighboring relations in civil custom.It divides the custom of neighboring relations into three parts,first one is damage prevention,second one is land using,third one is water using.Comparing with the property law in China,the civil custom in modern civil laws is more important.These reflect the trying to adapt the demand from society.The forth chapter mainly discusses the neighboring relations in juridical practice.From the law,civil custom and judicial records,we know that adjudicator always judge by fact and persuade by reason.As to judicial outcome,it shows us the interact between mediation and judgment,the coexistence of threaten and connive.The fifth chapter mainly shows the thinking in research of modern neighboring relations.It puts forward four opinions:the first one is that the judgment embrace the civil custom,the second one is that traditional society has rich local resources in civil law,the third one is that the modern civil law developed gradually,and the forth one is that reasons and laws are benefit to resolve the dispute.