Theory Of Light Prevention And Control Legal Liability System

At present, light pollution is a ubiquitous environmental problem in the world,has brought significant harm for the human physiological and psychological health,reproduction and growth of plant and social life, production order. Nowadays, in thefield of light pollution prevention and control legislation, there are some leadingcountries such as Czech, Japan, France, Germany, the United States of America Utahand other countries and regions,. In China, different regions have light pollution indifferent degrees, especially bad in the southeast coastal areas as well as the first-tiercities. But now this pollution can be governance according to few relevant laws andregulations, departmental rules and other normative legal documents, in the legal levelmainly based on the Environmental Protection Law, General Principles of Civil Law,Property Law and Tort Liability Act, and the light emission on the relationshipbetween adjacent only Property Law adjustments. Regulations, rules and othernormative legal documents are aim at saving energy in the lighting, ensuring safety ofconstruction, keeping convenient for life in architectural design; however they did nothave a legal system for prevention against light pollution.In the environmental protection law system, the legal system of light pollutionshow us a blank system, which relates to the light pollution case appeared manyobstacles in the judicial, law enforcement cases. At the same time the legislative blankand lack of system makes the light pollution on the human body harm, ecologicalbalance, public security and astronomical research difficult to prevent and control.Therefore, many scholars to study legislative necessity and feasibility, formingrelatively complete legislative proposals. Proposals include legislative basis, purpose,principle, main system such as legal responsibility and so on, which are not to bediscussed deeply and refinement. This paper will study in-depth, and try to build thelegal responsibility system of specific content.The author will take the legal liability theory as the cornerstone, do a good job ofenvironmental legal liability theory, and then use the theory of environment legalliability on light pollution legislation, finally finish building the light pollution prevention and control liability system. The legal system is a combination of the ruleof law to adjust the social relations and norms. Light pollution prevention and controllegal liability system’s content is broad, in view of this paper focus on the substantiverights and obligations, the conditions of liability system will not be the way to realize.To sum up, this paper will eventually be the construction of liability elements,liability forms. The components of the liability includes shall, violation of the lightpollution prevention and control law obligation, harmful consequences and causality;concrete responsibility form includes the form of civil liability, administrative liabilityand criminal liability.