Study On Legislation Of Light Pollution Prevention

In judicial practice we use prohibitive rules in laws, statutes, and regulations; use constructive rules in national or provincial standard as basis of judgment. Without those rules, expert conclusion from professional sector will be used as basis along with the social experience and common sense of the judge, general reorganization of the public and degree of damage. There is a lack of relevant legislation and referential environmental standard to recognize light pollution. Though right now there is not legislative regulation about this new type of tort in any country, this form of tort is already recognized. The day after the first regional standard to limit light pollution was unveiled in Shanghai a case of compensation for light pollution won a compensation of one yuan arouse the attention of the whole country, and then regulations about light pollution showed up in some other provinces and cities in succession. But they are simple principled rule only aim at prevention, failed to mention about the measures to prevent and to deal with the complaint about light pollution violation; there is no penalty, no legal system, practicability; sphere of influence, effect of influence are limited, substantial right without the guarantee of institution makes relief difficult to implement. According to many cases, a lot of people who suffer from light pollution feel very embarrassed when they complain it, what standard should be used to determine whether a situation is light pollution or not, whether the problem will be solved or not after complaint, and even after relevant sectors get complaints they don't have the regulation to refer to, so even if the pollution do bring life long-term virtual damage, it is usually suggested that the litigant institute a civil action via"neighboring right". This paper represents the necessity of legislation for preventing light pollution from practical level, legal level, and realistic level. Base on the study on the experience and cases of legislation inside and outside of the country, and combine them with relevant legal norm in China, this paper appeals to identify light pollution as a form of environment pollution in environment law and at the meanwhile establish preventional rules and bring it into law of environmental protection.According to the content above, this paper is divided into 4 chapters: chapter I, the identification of light pollution; chapter II, the situation of legislation for preventing light pollution in China and existing problems; chapter III, advantages, disadvantages and other comments about legislation of light pollution outside of the country; chapter IV, conception of legislation for preventing light pollution. In chapter I, writer introduces and analyses the definition and classification of light pollution, lists the harms and damages that light pollution can make to human health, ecosphere, and astronomy, also it could be the hidden trouble in respect to traffic safety and waste of energy. Because of exact these harms people cannot ignore make the legislation for preventing light pollution very necessary and urgent. In chapter II, writer analyses the present situation of legislation for preventing light pollution and looks for the existing problem.First, the paper lists the tort cases of light pollution since 1990, then chooses and analyses two typical cases. The paper finds out: first, there is a lack of clear regulation in current law and regulation about how to deal with this kind of dissension in China; second, the result of similar cases usually turn out very unclear, there is no basis to refer to in juridical practice. In addition, the clear provision of"light pollution"everywhere proves that light pollution which is a new kind of pollution produced during the development of the society actually can be identified in environment law and it is necessary no matter from the angle of legislation spirit or academic interpretation, thereby the rights of litigants suffer from light pollution, the legal advantage of the society, the ecological condition and the living condition can get protected better. Chapter III analyses the situation of advanced legislation for preventing light pollution in other countries. Because different country pays different degree of attention to light pollution as a new type of pollution has different legal restraint, writer chooses Japan, UK and California and compares the three places from aim, supervision, implement of law, and other 10 levels. The writer finds out that the advantages of legislation in other countries are: first, they integrate with the basic principles which validated and embodied by international environment law; second, there are innovativeness, directiveness, comprehensiveness and systematicness in respect to the basic principle and standard about prevent light pollution. It is also discussed in this chapter about feasibility, necessity, urgency of legislation for preventing light pollution. Chapter IV is the thematic part, this chapter gives a whole conception about the legislation for preventing light pollution. Firstly the paper establishes the base and model of the legislation and combines with relevant regulations in China recognizes light pollution and brings it into environmental protection law, establishes the control rules, further more this law about light pollution should be base on constitution and environmental protection law, should be a slip law coordinate with fundamental law. Secondly, the writer refers to the base of legislation as establishing a law that can build a green light environment, guarantee health ecological condition and living environment which human rely on, promote the comprehensive harmonized sustainable development of economy and society; refers to the basic principle as"combining the prevention and control, with prevention as the priority", in other words, to make unified program, regional segmentation and participation of the public. This chapter designs the legislation of this slip law in respect to institution and legal liability; tries to discuss a specific institution to rely on and powerful supervisory measures and legal liability; suggests to fully protect the ecological condition based on the reasonable utilization, use legislation to protect and improve the existing light environment in China.We only can create clean, comfort living environment and good ecological condition, guarantee the health of human, maintain the basic rights of having healthy working condition and happy life by preventing and controlling light pollution well. Because the inappropriate or excessive production of light produces light pollution which is harmful to environment inevitably, the legislation for preventing and controlling light pollution is attaining the harmonized development of economy, resources and environment to achieve the ultimate goal of promoting the sustainable development of the economy and society.