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本文从如何适用法律及其是否具有可操作性等司法实践角度分析了我国现行相邻妨害制度存在的缺陷。提出应以加害方有无过失来区分不同类型相邻妨害的民事责任,建议增加尊重民事习惯与利益衡量两项处理原则,从明确相邻妨害的免责事由,增加相邻妨害的责任形式等方面来完善我国的相邻妨害关系制度。
This article analyzes the flaws existing in the current system of neighboring prejudice in our country from the perspective of judicial practice such as how to apply the law and whether it is feasible or not. It is suggested that civil servants should be distinguished from each other by whether the injurers have the wrongdoings or not. It is suggested to increase the two principles of respecting the measurement of civil habits and interests, from the clarification of the exemption reasons of the neighboring crimes and the increase of the liability forms of the neighboring nuisances To improve our neighboring system of prejudice.