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System Environment neighboring relations

Author: GuNanZhengZuo
Tutor: ZhangZhongChao
School: Northwest University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: Neighboring relations Environmental Rights Environmental tort Environmental neighboring rights
CLC: D912.6
Type: Master's thesis
Year: 2011
Downloads: 72
Quote: 1
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Abstract

As industrialization and urbanization speed faster, the environment has become increasingly complex neighboring relations. Traditional neighborhood relationships in the adjustment environment adjacent infringement has caused the lack of attention of the legal community, research the problem is urgent. Compared with foreign countries, China's legislative slightly behind neighboring relations, and environmental relations system adjacent to propose not only solve the real problem, it is the development of civil law has a huge role in promoting. Through the use of comprehensive analysis, comparative analysis, historical research, empirical analysis, value analysis and other methods, in-depth analysis of the neighboring relations system, the environment adjacent relations system, environmental tort system, as well as extra-territorial environment of neighboring relations system Legislative Perfection. First, the relationship to the environment adjacent to an in-depth understanding of the relationship must be from the traditional concept of neighbor. Depth analysis of the meaning of neighbor relationships, nature and characteristics of the development of relations as well as the adjacent historical process, based on the conclusion from the above that the traditional relationship between adjacent neighboring rights in the protection of the environment there is a defect. In-depth analysis of the traditional neighborhood relationships on the basis of. Adjacent to the environment has a profound understanding of the relationship, you have from its features, objects, functions, guiding idea, characterized in that the adjustment range has expanded, the object of ecological and spiritual interests included features, build environment neighbor relations system is intended to promote ecological study of civil law, and pointed out that the establishment of environmental guidelines neighboring relations should be required to adhere to sustainable development and balanced. Finally focuses on the relationship between the environment adjacent to the basic content of the legal effectiveness from the perspective that the environment is not limited to the neighboring relations of land adjacent to the definition as a benchmark, the introduction of environment influence each other to form a right adjacent to this concept. In order to expand the relationship between the environment adjacent to applied research, and further to the environment adjacent to the tort system were analyzed. First discussed the environmental tort system adjacent positioning in our legislation. Then analyzed the environmental responsibility principle adjacent tort system, recommended the principle of liability without fault, but should also provide for certain exemption criteria. Final analysis of the constituent elements of the environment adjacent infringement that has three of its constituent elements, including virulence behavior, the fact that the objective existence of damage, causation defined. Finally, the relationship between adjacent improve our environmental thinking. Through the civil law and common law systems environment adjacent relations system conduct a study to improve our environment adjacent relations system provides important piece of legislation can draw reference. Through analysis of the environmental status of neighboring relations legislation, pointing out the flaws in our legislation, the final recommendations, the first re-establish the relationship between the environment adjacent to the basic principles of the proposed adoption of the principle of measurement and classification established interests principle, and secondly to give full play to regulate public law The role of neighboring relations environment, improve our environment in order to build adjacent relations system.

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