相邻纠纷处理中的司法职能

Empirical Research on the Judge of Dispute of Neighbour Relationship

相邻纠纷作为民事案件的一种类型具有自身特征,本文以杭州市拱墅区法院四年审理的相邻权案件为样本,从微观的角度考察司法。相邻纠纷多为无法调解的邻里纠纷,司法判决的比例高。规范相邻纠纷的法律规则具有原则性特征,这为司法活动留下了空间。司法实践对相邻纠纷的处理体现出了:司法能动性、本土性,以及某种创造性。

As a type of civil case,dispute of neighbour relationship has its own characteristics.This paper uses the cases from the court of Gongshu District of Hangzhou during 2002-2005 to research the judicial from the micromechanism.Disputes of neighbour relationship always have failed to be solved by mediation,so the rate of judgment is high.The rules which are made to regulate this field are abstract principles,leaving room for justice activities.and The empirical justice reflects such features as the innovative justice and aboriginality.