The Legal Adjustment For Environmental Neighboring Relation

In recent years,with the continuous emergence of environmental problems,the disputes of neighbouring relations in real life are becoming more and more complex,and its legal system is worthy of in-depth study.After the promulgation and implementation of the current Property Law,the relationship of environmental interests and impacts between neighbors has been stipulated in the provisions of neighboring relations.The environmental neighboring relation is no longer a simple collision of real rights based on the adjacency of real estate,but a new type of rights and obligations relationship involving environmental factors.The study of this topic will help to improve the relevant legal norms.This article is divided into four parts.Based on the current legislative situation of our country and the theoretical achievements and judicial practice experience of environmental neighboring relation,this paper investigates the relevant foreign legal systems and summarizes them,and discusses the related issues of legal adjustment of environmental neighboring relation.Through the methods of literature analysis and comparative analysis,this paper explores the theoretical basis of environmental neighboring relation,identifies the nature,characteristics and contents of environmental neighboring relation,and puts forward corresponding suggestions for improving the key issues of the legal system of environmental neighboring relation in China.The first part discusses the basic rights in the environmental neighboring relation.Starting from the perspective of the theory of environmental rights,it discusses the establishment of environmental private rights in civil law,puts forward the environmental rights related to real estate and analyses its characteristics as the theoretical basis for studying the environmental neighboring relation.The second part discusses the environmental neighboring relation.Through the analysis of the similarities and differences and links between the traditional neighboring relation and the environmental neighboring relation,it explores the way of linking the environmental rights and the traditional neighboring relation rules,and then clearly defines the concept,characteristics and content of the environmental neighboring relation,and discusses the related issues of environmental neighboring relation.The third part investigates the environmental neighboring relation system in Germany,France,Japan,Britain,the United States and other developed countries,explores the theoretical characteristics and judicial practice of the systems of various countries,and makes a comparative analysis,drawing on the experience of them.The fourth part is based on the current legislative situation of China’s environmental neighboring relation system,analyzes the shortcomings of the current law,and puts forward some suggestions on improving the system of environmental neighboring relation in China.