(1) Expansion of adjacent range The traditional adjacent relationship exists on the premise that the real estate is adjacent to each other, while the adjacent environmental relationship is not necessarily the connection of land in the strict sense, but mainly based on the biological, geographical integrity, ecological chain and extensive environmental impact of the environment. This kind of "adjacency" means that as long as the use of other people's real estate affects the use of their own real estate, or the use of their own real estate affects the entire radiation area and space used by other people's real estate.
(2) The reason why the object of the object ecological legal relationship becomes a legal object is because it is useful to people and can be divided and stopped, so it is necessary to judge whether the conditions of the legal object are beneficial to the subject. Therefore, the legal object itself is a kind of interest, and property and intellectual property rights are only the carriers of this interest. As far as the adjacent environmental relationship is concerned, its object is no exception, that is, the interests enjoyed by the adjacent subjects because of making full use of their real estate. However, this kind of interest has an ecological attribute, because various environmental factors have specific interests for the subject, and because of this attribute of the object of environmental protection adjacent rights, it has the characteristics of expanding the "adjacent" scope.
(3) Diversification of interests The traditional adjacent relationship is a kind of interest balance relationship, but it mainly adjusts the economic interests between the owners or users of adjacent real estate. The goal of establishing this system is to pursue the maximum efficiency. However, economic factors are only a part of defining the adjacent relationship, not the whole content. In the adjacent relationship of environmental protection, the main consideration is how to meet the basic needs of human survival. For example, the adjacent relationship between houses, from the economic point of view, can consider how to use houses to have more economic benefits, how to use houses to make residents comfortable and peaceful. The consideration of comfort and tranquility is not only a deeper spiritual life demand than people's material life demand, but also contains profound moral value. Therefore, it can be said that the adjacent relationship of environmental protection is the combination of property factors and personality factors, and it is the dual embodiment of legal value and moral value.
(IV) Complexity of Rights Neighboring environmental relations, like general neighboring relations, are the combination of economic rights and negative rights between neighboring real estate owners or users.
At the same time, it also has a special combination of rights based on environmental protection requirements. Its complexity can be summarized as follows: first, the combination of real right adjustment norms and behavior prohibition norms; Second, the combination of private right form and public right form; Third, the combination of property rights and personality rights; Fourth, the combination of legal rights and contractual rights. Neighboring environmental relations in general principles of civil law and property law
(I) Neighboring environmental relations in the General Principles of Civil Law The provisions on neighboring relations in the General Principles of Civil Law in China are mainly found in Article 83 of the General Principles of Civil Law: "The neighboring parties of real estate should correctly handle the neighboring relations in terms of water interception, drainage, ventilation and lighting. In the spirit of convenient production, convenient life, unity and mutual assistance. If it causes obstacles or losses to the neighboring parties, it shall stop the infringement, remove the obstacles and compensate for the losses. " Article 96- 103 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law stipulates five adjacent relations: adjacent water interception, drainage, water use and running water. Adjacent traffic relations; The relationship between adjacent pollution prevention and danger prevention; The ownership relationship of bamboo and wood adjacent to the boundary; Relationship between adjacent ventilation and lighting. Among them, the relationship between adjacent water interception, drainage, water use and running water, the relationship between adjacent pollution prevention and danger prevention, and the relationship between adjacent ventilation and lighting can be refined into the relationship between adjacent environments. The General Principles of Civil Law only stipulates the basic principles and spirit of neighboring relations in general, and only stipulates three ways to bear the responsibility when neighboring parties are damaged, without specific provisions. The Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of Civil Law only stipulates four kinds of adjacent relations, which does not reflect the requirements of environmental protection. In recent years, disputes over environmental pollution, ventilation, lighting and sunshine between adjacent real estates have a relatively low legal effect, and it is impossible to solve adjacent environmental disputes simply based on this law and judicial interpretation.
(2) Neighboring environmental relations in the Property Law The Property Law has explicit provisions on neighboring environmental relations, which reflects the requirements of modern society for environmental protection. In the "Chapter of Ownership" of the Property Law, the system of adjacent relations is established. Its main function is to balance and coordinate the interests of neighboring parties to real estate, prevent one party from improperly exercising real estate rights to harm the interests of neighboring obligees, and thus realize the coexistence and development of neighboring parties. For example, when building a building, we should pay attention to the right of lighting and ventilation of the surrounding residents; During construction, noise emission should be minimized. Neighborhood relations are manifested in many aspects, and the adjacent environmental relations are one of the most important contents, including those caused by water use, drainage, transportation, ventilation and lighting. Article 89 of the Property Law hinders the ventilation, lighting and sunshine of adjacent buildings. Article 90 of the Property Law stipulates that the obligee shall not abandon solid waste or discharge harmful substances such as air pollutants, water pollutants, noise, light and electromagnetic wave radiation in violation of state regulations. These two provisions not only absorb the provisions of traditional civil law on adjacent relations, but also reflect the requirements of modern society for environmental protection. The implementation of these regulations is conducive to the development of production and the convenience of life, and also provides a legal basis for solving environmental disputes between adjacent obligees. Property law inherits and develops the general principles of civil law in the adjacent environmental relations.
(A) "Property Law" to "General Principles of Civil Law" inheritance
Article 84 of the Property Law inherits the requirements stipulated in Article 83 of the General Principles of Civil Law, and takes the principles of convenient production, convenient life, solidarity and mutual assistance, fairness and reasonableness as the principles for dealing with neighboring relations. The above principles require that when dealing with the adjacent relationship of real estate, we should give full play to the economic value of real estate, improve economic efficiency, promote the harmonious relationship between adjacent parties, and pay attention to the balance of interests between the parties. Property law takes the autonomy of private law as the basic principle, supplemented by honesty and credit. The main content of the adjacent relationship of real estate is tolerance, that is, the right holder of real estate restricts the exercise of his rights because of the adjacent relationship, which is called "correctly handling the adjacent relationship" in this paper. Neighboring right is a kind of right from the other side's point of view, also known as "neighboring right" In terms of the types of neighboring relations, the property law inherits the types stipulated in the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of Civil Law, including: neighboring relations arising from the use or ownership of natural resources such as land, mountains, forests and grasslands; Neighborhood relations arising from the use of homestead; Neighborhood relations caused by water use and drainage; Adjacent relationship and risk prevention caused by construction.
(B) "Property Law" to "General Principles of Civil Law" development
1. Legal sources of neighboring relations Article 85 of the Property Law stipulates that if there are provisions in laws and regulations on handling neighboring relations, in accordance with its provisions, if there are no provisions in laws and regulations, local customs can be followed. This article stipulates the legal sources of two adjacent relations: written law and custom. Statutory laws include laws and regulations. The laws related to neighboring relations, such as the law on the prevention and control of water pollution, have formulated the problem of sewage discharge. Laws and regulations include administrative regulations and local regulations. For example, the second paragraph of Article 22 of the Regulations on the Implementation of the Rural Land Contract Law in People's Republic of China (PRC) stipulates that if trees are planted in the contracted land, causing economic losses to the neighboring parties, compensation shall be made according to law. For another example, Article 34 of the Regulations on Property Management in Tianjin stipulates that owners should abide by the provisions of laws, regulations and rules when using the property, and deal with neighboring relations in water supply, drainage, ventilation, lighting, transportation, maintenance, decoration, environmental sanitation and environmental protection. , in line with the principle of being conducive to the safe use of the property, neat and beautiful, fair and reasonable, and not harming the interests of the public and others. If an act carried out in accordance with national laws or with the permission of an administrative organ causes damage to an adjacent real estate right holder, the right holder may also claim to take relevant measures to stop the infringement, remove the obstruction and compensate for the loss based on the adjacent relationship. Habit refers to the habit where the property is located. As a legal source, the custom of the place where the real estate is located is based on the premise that the statutory law has no clear provisions on relevant legal issues. For example, how to deal with dripping water from eaves varies from place to place. In the absence of clear provisions in the law, it can be handled with reference to local customs. For a habit, we should not only pay attention to its geographical limitations, but also pay attention to its time constraints, and also pay attention to the changes of habits in different periods. For the content of habit, the person who advocates habit bears the burden of proof.
2, ventilation, lighting and sunshine adjacent relationship Article 89 of the Property Law stipulates that it shall not violate the relevant national engineering construction standards and hinder the ventilation, lighting and sunshine of adjacent buildings. Ventilation in this article refers to natural ventilation, excluding ventilation through facilities such as air exchangers. Lighting refers to natural lighting, excluding artificial lighting. Sunlight refers to the exposure of sunlight. With the acceleration of urban construction, the supply of residential construction land is tight, and there are loopholes in the approval of new residential planning in some cities. Some developers violate the rules and exceed the planned construction, resulting in high-rise and high-density new residential buildings. Some people even build private buildings for convenience, which affects the ventilation and lighting of adjacent buildings and makes the disputes caused by "sunshine right" increase day by day. The Property Law clearly stipulates the ventilation, lighting and sunshine of adjacent buildings, which provides a legal basis for citizens to safeguard the "sunshine right", not only puts forward new ideas and standards for redefining and examining harmonious neighborhood relations, but also raises many problems of disturbing the people involving all aspects of daily life from the moral level to the legal level.
3. Neighborhood relations of pollution discharge Article 90 of the Property Law stipulates that solid waste shall not be abandoned in violation of state regulations, and harmful substances such as air pollutants, water pollutants, noise, light and electromagnetic wave radiation shall not be discharged. This article is about harmful substances. The so-called harmful substances refer to solid waste gas, pollutants and unmeasurable substances. The discharge of solid waste gas, pollutants and unmeasurable substances related to the public environment shall conform to the provisions of the state. With the continuous development and progress of society, human activities have had a huge negative impact on the ecological environment, from the global environmental pollution crisis to the pollution disputes between neighboring relationships. Moreover, the environmental effects derived from environmental pollution are lagging behind, and it is often difficult to be detected or predicted when pollution occurs. However, once it happens, it means that environmental pollution has developed to a very serious degree. Of course, the most direct and easily felt consequence of environmental pollution is to reduce the environmental quality of human beings and affect their quality of life, physical health and production activities. Therefore, correctly handling the adjacent relationship is conducive to stopping the pollution and destruction of the natural environment and ensuring people's health.
4. Property law leaves room for environmental resources legislation. Generally speaking, the property law, as a property law, will play a great role in clarifying the relationship between property rights, giving full play to the utility of things and stimulating the enthusiasm of the broad masses of people to create wealth. The legislature attaches great importance to the environmental problems that may be brought about by strengthening property rights, and has made many provisions in the property law that are conducive to environmental protection. However, we must be soberly aware that the Property Law is, after all, a basic law to adjust the property relations between equal subjects with property rights as the core, and cannot undertake more missions and responsibilities, nor can it replace environmental resources legislation. Although the Property Law has made some provisions conducive to environmental protection, its function is limited. Therefore, in order to promote the cause of environmental and resource protection, it is necessary to further strengthen the environmental rule of law in the future. Article 8 of the Property Law stipulates that "if other relevant laws have special provisions on property rights, those provisions shall prevail", which leaves room for institutional innovation of the future environmental and resource law. In a word, the proposition and development of adjacent environmental relations in property law is of great significance to our life today. It is not only the product of the system of adjacent environmental relations adapting to the requirements of the times, but also an important way to realize citizens' environmental rights, and it is also an important legal guarantee to standardize harmonious and orderly social life. Articles 84 and 85 of the Property Law respectively stipulate: "The neighboring obligee of real estate shall correctly handle the neighboring relationship according to the principles of favorable production, convenient life, solidarity and mutual assistance, fairness and reasonableness." Where there are provisions on the handling of adjacent relations, such provisions shall prevail; Where there are no provisions in laws and regulations, local customs can be followed. "