Research on the Selection of Legislative Model about the System of Non-Weighing Violation
|School||Inner Mongolia University|
|Course||Civil and Commercial Law|
|Keywords||Non - weighing objects against Infringement Legislation Mode|
With the rapid development of the productive forces of human society , especially since the industrial revolution , the rapid development of science and technology to human society has brought a great deal of material wealth , but against problems which can not be ignored , especially non- The weighing was against . Such as noise influence the occurrence of laying hens , pigs growth case , the case of light pollution , smoke caused by a lawsuit and so can not but arouse our concern for this kind of problem . Throughout China's laws and regulations is not difficult to find the solution of not weighing substance abuse problems in the legal provisions of the system , only vaguely , making no legal basis for the embarrassing situation in resolving such cases . On this study and legal to be addressed more representative national Germany, France , Japan and Britain and the U.S. , they were to solve this kind of problem from different angles . A careful reading of the provisions of the laws of those countries or case can be summed up the following three legislative mode : right protection mode , protected mode of tort law , environmental law protection mode . This paper start from the life of real-life examples , comparative and inductive method , to explore the nature of the infringement of people's lives , especially in the urban life of not weighing increasingly drawing attention , analysis of country of not weighing against protection the pros and cons of legislation or jurisprudence , which indicates the direction of the legislative model should be used to solve this problem in China .