Some Light Pollution In Infringement Legal Analysis

Light pollution tort, is a higher frequency tort recently. Light pollution is a newenvironment pollution form after the atmosphere, water, noise, solid waste pollution,light pollution on the damaging effects of human health damage and the naturalenvironment is becoming increasingly prominent. Along with the enhancement of thepeople environmental protection consciousness, light pollution harm also have thefurther understanding, light pollution disputes have increased, but because of ourcountry has no relevant light pollution clear legal basis, the judicial practice for whatis "light pollution", how to recognized the tort liability of the light pollution, lightpollution damages and burden of proof lack of unified standards. The lack of lightpollution legislation entity the right to the lack of protection of the legal system, lightpollution victims the right to relief is often difficult to be realized.The first case of "light pollution" in Shandong Province, Ningbo Haishu District19residents of collective v. Power Administration and the developer of noise lightpollution, and the noise of Shanghai LuMou v. Yongda company pollution damage tothe environment are all about compensation light pollution of the typical case ofinfringement disputes. About the light pollution disputes, mainly exist in thefollowing several disputes focus: one is whether the light has reached" lightpollution" standard; two of these light pollution behavior should be liable in tort;three is the light pollution infringement what kind of burden of proof. The point ofcontention is the infringement of light pollution commonly encountered problems tobe solved in the judicial practice. Analysis of the above cases the focus of the problem:First of all the "light pollution" recognized standard to make elaborate; followed bycomparative analysis of the general tort responsibility and light pollution infringingthe responsibility of the similarities and differences, in accordance with the specialtort responsibility of the constitute elements of light pollution infringing theresponsibility of the identified conduct a in detail; Then in such cases in the allocationof burden of proof are analyzed; Finally, put forward legislative proposals in order toimprove China’s legislation on light pollution, but also for the light pollution tortdispute with more perfect legal relief method.