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近年来,相邻关系纠纷案件在数量上呈上升趋势,种类也不断增多,但限于现行法律规定过于原则、滞后,司法裁判难于统一标准,致使一些裁判不具操作性,引发难以执行、纠纷判而不决的尴尬。如何掌握相邻关系的一般原则,调解裁判之度,平衡当事人之间权利义务,成为此类纠纷的难点。笔者从现实判例入手,就相邻关系中的有关法律问题进行粗浅的探讨,以求定纷止争。
In recent years, the number of adjudication disputes has risen in number and the number of categories has also been on the rise. However, due to the principle of being overly legal and lagging behind, the judicial adjudication is hard to unify standards, rendering some adjudication inoperable and causing difficulties in execution and disputes Indecisive embarrassment. How to grasp the general principles of the adjoining relations, mediate the degree of adjudication, and balance the rights and obligations between the parties has become a difficult point in such disputes. The author starts from the reality of the precedent, on the adjacent relationship between the legal issues to conduct a superficial discussion in order to make ends meet.