题　名  相邻权研究:兼论相邻与地役权的立法取向  
作　者  彭诚信  
作者单位  吉林大学,法学院,长春市 130012  
专　业  民法学  
指导教师  崔建远，  
学位级别  303  
馆藏索取号  3980314  
中文文摘  本文直接就相邻权的内涵、特质等方面做了含有作者自己观点的理解,并就其在物权制度中所处位置进行了构想,还在相关的具体内容中就两大法系的立法体例进行了比较。论文主要包括三部分内容:
第一部分:首先界定了“相邻”的含义,指出“相邻”并不一定必须以“互相毗连”为限;并从经济、道德、法律、习惯等不同侧面谈了相邻权界定的基础;相邻权的内涵既包括对他人不动产为特定使用的一面,也有限制邻人对自己不动产为特定行为的一面;对其性质,本文界定为天然附属于不动产使用本身的包含财产性因素和人格性因素,最终又主要归宿为财产性因素的从属性物权。其次谈了我国土地公有制度对相邻关系的影响,指出采土地使用权和其上建物、作物等相互吸收的理论有利于简化相邻关系。第三谈了地役权和相邻权的物权立法选择,提出采相邻权吸收地役权为宜的观点。
第二部分:主要谈了与人们日常生活密切相关的四种相邻权内容,即:建筑物区分所有相邻权,不可称量物质的近邻妨害,交通干线近邻妨害,空间相邻权。还就具体相邻关系的特点,及法律解决对策做了法律上的探讨。相邻关系林林总总，选取这几种在人们日常生活中发生频繁,却经常被人们漠视的类型,一是增强人们关心自身权利的意识,二也提倡与人为便的道义意识,更主要的是体现法律贴近人类生活,培养人们信仰法律之情感。
第三部分:首先谈了相邻权的物权性规范与行为性规范、私法性与公法性、人格性与财产性、法定性与约定性四个方面的复合性特点,由此引申出对传统民法思维的一些观念更新。其次谈了相邻权与行政规范的协调,指出二者从最终意义上说应是一致的,但又各有自身的适用空间。但无论如何,行政许可必须建立在“尊重私人权利”的基础上。最后论述了相邻权的自身效力和救济性手段,以便让权利人真正实现自己的相邻权利。从而构建起相邻权的完整规范体系。  
英文文摘  In this thesis, the author has studied the meanings and characteristics of the fights of neighbour according to his own opinions and constructed the proper position of the rights of neighbour in property system. And meantime, the author has compared the legislative samples of the two genealogies of law about the concrete contents of the rights of neighbour, The thesis includes three parts.
Part I. The author has defined the meaning of the "neighbour" first, and pointed out that the "neighbour" is not necessary to be limited in the coterminous zone", and considered the bases of the definition of the rights of neighbour from the different dimensions such as the economic, the morality, the law and the convention. The meaning of the rights of neighbour includes both special using of the other''s real estate and limiting the neighbour''s special using with own real estate. For its nature, the right of neighbour is a kind of subsidiary property system, it naturally attaches to the uses of real estate, and it may be divided the main factor of property and the factor of personality. Secondly, I have studied how our public land system has influenced the relations of neighbour, pointed out that the theory of assimilation in the fights of land uses and the constructions, crops above the land may simplify the legislative choices about the easement and the rights of neighbour in our property system, and put forward that the best choice is that the rights of neighbour should assimilate the easement
Part II. The author has studied four kinds of the rights of neighbour which are close to people''s everyday life, such as the divided proprietary rights of neighbour of a construction, close neighbour''s harm of unmeasured matters, close neighbour''s harm of main traffic way, and air space. I have also studied the features of the concrete relations of neighbour, and supposed some measures of legal resolution about these matters. There are a lot of the relations of neighbour in our daily life, and these kinds are very popular in people''s everyday life but people usually pay no attention to them. There are two reasons why I have emphasized on these relations of neighbour in the thesis: First, it can increase people''s consciousness of their rights; Second, it can also increase people''s moral consciousness of convenience to other people, and primarily it can embody the fact that the laws are very close to mankind''s life, and it can develop people''s emotion of legal belief.
Part III. The author thinks that the fights of neighbour have four characteristics.  First: property norm and action norm, private and public features, personality and property features, legal arrangement and liberal agreement features. Meanwhile, I supposed that we must renew our traditional ideas of thinking of civil law. Second, the author has inquired into the coordination of the fights of neighbour and the administrative norms, and pointed out that they ought to be unanimous in the ultimate meanings, although they have their own scopes I application. However, administrative permissions should be based on "respecting private rights". Finally, the author discussed the validity of the rights of neighbour and tb9

关键词  相邻权,地役权,近邻妨害,自由词  
分类标识  D923.2  
论文注解日期  19971215  
总页数  60P