我国环境相邻权保护法律制度综述研究

A Review on the Legal System of Environmental Adjacent Rights Protection in China

环境权利已然成为当代世界各国和民众关注的热点,而环境相邻法律关系又是与大家联系最为紧密的领域。我国至今尚没有关于环境相邻权的系统法律规定,在理论研究和司法实践中也都存在模糊不清之处。传统相邻权法律保护机制的缺陷性使得其已经不能满足具有相邻权范围扩大、权利复合性以及独立请求权特性的环境权益保护需求。因此,我国应在传统相邻权的基础上进一步扩大环境相邻权的内容,通过债权请求权的补充避免物权保护的僵化,对环境相邻权进行立法完善,进一步明确容忍限度。

Environmental rights have been the focus of all countries and people in contemporary world. Among all environmental rights, environmental adjacent rights relation and dispute are most related to common people and worthy of concern. At present, there are no systematic legal provisions on environmental adjacent rights in China. It is ambiguous with regard to relevant theoretical study, legislation and juridical practice. Protection of environmental adjacent rights is featured with extension of environmental adjacent fights, recombination of rights and independent rights for request. However, the flaw of traditional environmental adjacent rights made it cannot satisfy the request of environmental adjacent rights protection. So our country should expand the content of environmental adjacent rights protection through the additions of right of obligatory claim to avoid the ossification of the property right protection, and perfect the legislation of Environmental adjacent rights, define its limitation of tolerance.