【正文】 djacency relation is defined in the Civil Law. The Civil Law uses one rule (the eightythird one) to define the basic rules, content and the form of responsibility of the adjacency relation. The basic rule of the real estate adjacency relation is good for production and life, mutual assistance and fair. The action of the violation of this rule which caused the damage to the neighbor should be forbidden, remove the obstacle and claim the pensation. About the aspects of the adjacency relation, there is the example of the drainage, passage, ventilation, and lighting and the others not in the examples can still be adjusted. The Supreme People’s Court “Opinions on the Implementation of the Civil Laws” defined the adjacency relation in more detail in the 98 to 103 rules. There is difference between the adjacency relation and the easement from the point of view of the legalization. As a kind of easement rights, the easement emphasizes on the right and this means the easement right is defined from the view of the right. But the adjacency relation is based on the view of obligation and does not exclude the view of right. The easement is on intimate terms with the adjacency. It is easy to mix these two concepts but we can make it clear through parison and analysis. As for the easement, it means in order to use one’s own land the owner uses the other’s land, which is the domination of the other’s land to take advantage of one’s own land. In the easement of law, the land is called needed land if one acquires convenience from other’s land. And the land is called applied land if this land is used to supply the convenience of others. The 16 easement in the traditional Civil Law happened between the owners of the land. For the owner of our country’s land is our nation or the country anization, the easement right happened between the user of the land and the user of the real estate. The easement has the characteristics of dependency and nonseparability. The adjacency relation that is real estate adjacency relation means the right and obligation between the owners of the neighboring real estate when they implement the owner right or the user right. So far, there is no definition about the easement but just the definition about the adjacency relation in our national law. Although the aims of these two rules are to work out the economic effect of the neighboring real estate, there two rules can not replace or contain each other for the usage of the real estate are connected closely to each other. The following part is the distinctions between these two rules: Firstly, there is essential difference between these two rules for the reason of causing factor. The adjacency relation is defined by the law, which is the legal right based on the real estate right. While the easement is based on the law action, generally it is defined right. It can be effective according to the party’s contract, but this action is the real right and the two parties should be registered in the real estate authority. Besides, the easement right can be acquired from the reason of will, heritage, timing and so on. Secondly, as to the range of adjustment, the adjacency relation is the minimum adjustment in the law, which is relatively less control about the limitation and extension of the real estate. The easement relatively has more adjustment to the limitation and extension of the land for the two parties. Besides, the easement can use the judicial characteristic to remedy the defect of the adjacency relation defined by the law, so as to take effective use of the land and other real estate to carry out one’s right to supply convenient service. These two rules play a part together in the legal system. 17 Moreover, for the aspect of the existence condition, the adjacency existence condition is that the real estates must be neighbors of holders of the right and the neighboring relation can be applied to the neighboring land as well as the houses and buildings. But the general opinion is that the adjacency happened between the neighboring land belong to the different owner and the easement happened between the owners or the users. Lastly, as for the aspect of the period of the right existence and whether have pensation, the period of the right existence of the easement can be decided by the party, and this means whether to acquire the easement rests with the set form and the agreement between the two parties. However, the adjacency relation is defined by the law and the existence period is legislated and normally it is unpensated. 18 中文附錄 相鄰關(guān)系是指兩個(gè)或兩個(gè)以上相互毗鄰不動(dòng)產(chǎn)的所有人或使用人，在行使占有、使用、收益、處分權(quán)利時(shí)發(fā)生的相互權(quán)利義務(wù)關(guān)系。 作為一種對(duì)他人土地的一種便宜性權(quán)利，地役權(quán)從取得方式或發(fā)生根據(jù)上有兩個(gè)，一個(gè)是依據(jù)法律規(guī)定，一個(gè)是依據(jù)當(dāng)事人約定。而在法律上無(wú)供役義務(wù)時(shí)，一方當(dāng)事人可以基于約定而賦予另一方當(dāng)事人利用其土地的權(quán)利，便產(chǎn)生了約定地役。時(shí)效取得的地役兼具有法定地役與約定地役的一些特征。