Study On The Legal Issues Of Environmental Neighbor Rights In China

In recent years,with the progress of human science and technology and the needs of social development,the consequences of environmental pollution have become increasingly apparent,and the quality of the environment has gradually declined.In particular,mankind has deepened its efforts to exploit and utilize natural resources.This inevitably causes corresponding environmental consequences and burdens,and even affects people’s normal life,so more and more environmental pollution and environmental infringement cases occur around residents’ residences,which has attracted more attention to the protection of environmental rights and interests.Litigation based on adjacent environmental infringement is not uncommon,and judges generally take the relevant provisions of the Civil Code on neighboring rights and liability for environmental pollution and ecological damage as the legal basis when handling disputes over neighboring pollution infringements,and protect neighboring rights in the actual environment.This is a great step forward from the era when the Property Law and the Tort Liability Law were the main legal basis,but legal issues relating to environmental neighboring rights still exist.This paper is divided into five parts: the first part expounds the research background,purpose and significance of the selected topic,and analyzes the current research status at home and abroad.The second part is the overview of environmental neighboring rights,starting from the connotation of environmental neighboring rights,clarifying the concept,characteristics and content of environmental neighboring rights,and exploring the theoretical basis of environmental neighboring rights and the legislative status of environmental neighboring rights in China.The third part analyzes the existing problems of environmental neighbor rights in China,including the three aspects of environmental neighbor rights legislation,justice and law enforcement.The fourth part is the relevant legislation on foreign environmental neighboring rights and the experience of China.Through the analysis of the relatively mature environmental neighboring rights systems in Germany,Japan,France and common law,it provides a useful reference for China.The fifth part provides effective legislative and judicial ways for the improvement of China’s environmental neighbor rights.