論英國侵權法上的私人侵擾.pdf

1、對外經(jīng)濟貿(mào)易大學碩士學位論文論英國侵權法上的私人侵擾姓名：鮑曉華申請學位級別：碩士專業(yè)：法律指導教師：鮑祿20040401Abstract One of the tort forms of the law of tort in the common law system is nuisance. It is one of the most important f orms which renders

2、 every individual in the legal domain the most basic and fundamental protection of law, both in the aspect of personal benefit and property benefit . As the legal designation which most represents national

3、 culture and national characteristics , the law of tort , especially the nuisance form therein, assumes us the unique panorama that how the British nation legalize the relation between the neighboring esta

4、te, that is , the prerequisite that a claimer sues a defendant is that the claimer has the right to sue , he must be an owner or an occupier; the second prerequisite is that the harm is “material” , and

5、 the criterion is “ not merely according to elegant and dainty habits of living but according to plain and sober notions among our (British) people” . The author , by means of theory combine

6、d with practice, of the methods of case analysis and comparison , manages to research the tort system of Nuisance , from the every concrete aspect to the potential culture background which had born the sys

7、tem and so elaborated the system. What’s more , the author hope, through the analysis of the Chinese national temperament compared with the British one, our Chinese individuals and the state , open-min

8、dedly take reference to and absorb the basic designation of legal protection of individual rights, so as to strengthen the Chinese’s legal consciousness of individual right and to help to perfect our l

9、egal system in the same legal domain. The article contains six parts. The first part is to introduce the basics of torts, including the definition and origin of tort in the civil law family and the c

10、ommon law family. The second part, briefly introduce the kinds ,definition and scope of the target action, private nuisance ; the third is the focus of the article , spotlighting the elements of obligation of private nu

11、isance ,especially the reasonableness factor; the fourth , those who can sue and be sued, mainly explain the qualifications of subjects who the right to sue and who can be sued; the sixth,

12、defenses and remedies, explain what defenses a defendant can turn to , and if the defendant fails, what kinds of remedies the court will render the claimant; the last chapter , is based on