Discussion On Some Legal Issues Of Lighting Right

With the accelerated process of urbanization, urban construction land has become much tighter, and the distance between the new buildings is becoming increasingly smaller, also followed by many cases and frequent disputes of the light right. However, due to the current relevant legislation of the lighting right is not perfect, the legal provisions that regulate the right of lighting is too general, even there are a lot of legal gaps, and some provisions also very difficult to operate, which is not only not conducive to the protection of the lighting right of the owners, but also bring inconvenience to the settlement of disputes on lighting right in the judicial practice.This paper mainly according to the knowledge of legal theory, analyzed three typical cases of the dispute of the lighting right, then clearly proposed several focus issues on the lighting right to resolve disputes, and those issues also are difficult problems in the process of settlement to the disputes often encountered. Through analyzing the focus of the issues, this paper tries to put forward some recommendations to solve the issues of light right violated, and discussed the way of judicial remedies to resolve such disputes.Firstly, in the first chapter of this paper introduced and elaborated three cases of lighting right violated, and raised the problem of infringement on the lighting right.Secondly, in the second chapter, this paper analyzed the focus of the case, for the first case, mainly analyzed which standards and basis should the right of lighting violate be determined, for the second case, mainly discussed whether the constructions having obtained the planning permission by the part of government should assume responsibility when they lead to the infringement of lighting right; for the third case, discussed the standards of compensation how to determine when the lighting right are violated.Finally, in the third chapter, through analyzing the three focus, this paper proposed some recommendations to resolve the relevant legal issues respectively, which are including of improving relevant legislation, to further clarify and standardize the relevant technical requirements, developing clear and reasonable compensation standards and improving the level of prevention and relief system of lighting right violated.