Study On The Sunshine Right Protection Problem From The Perspective Of Urban And Rural Planning And Management

In recent years, the number of infringement cases on sunshine is increasing day by day, becoming a new legal dispute gradually. Such disputes, with the character of massiveness and stability, often involve numerous residents, and has become a social problem cannot be ignored which has a great social influence. Although there are some researches on the protection of sunshine rights in the theory and practice and some research results have been formed, there still are some controversies on the concept of the right of sunshine, legal attribute of sunshine right, the determination of the right of sunshine, and the compensation of sunshine infringement, and the studies itself have two problems:one is that the researchers perspective is mainly focused on the field of private law, while the systematic study from the view of the combination of public law and private law is not much, especially from the practice of planning administration related to residential sunshine; the other is that almost all of the researchers are focusing on the city, but no one showed any interest in the protection of sunshine rights in rural areas.This article attempts to make up for the shortage of the current theoretical research, on the basis of urban and rural planning and management practices, combining the relevant administrative regulations, technical specifications and relevant theory of civil law, legal practice, starting from the concept of sunshine right and the composition of sunshine infringement, taking the national standards of sunshine as a scale, this paper explains the limitation of sunshine right and the constitution important document of sunshine infringement, which thinks that the construction behavior permitted by the planning department should become the statutory cause that prevents sunshine infringement. Then the paper analyses the knotty problems and relevant practices that planning department met in urban and rural planning management:analyses the rationality of the current residential sunshine criteria, the problems existing in the sunshine analysis, the administrative protection on sunshine right by constructing engineering planning permission and planning supervision and inspection. On this basis, the article proposes some suggestions on improving the legislation of sunshine protection in seven aspects:endow the sunshiner with "moderate sunshine right", adjust the existing national sunshine standards, carry out different sunshine standards management between urban and rural areas, standardize the management of sunshine analysis, establish the negotiation compensation mechanism of sunshine block, implement the presumption of fault liability of sunshine infringement and the burden of proof by defendant, make rules for sunshine infringement, and after comparing the characteristics that the person with sunshine right safeguard his right through administrative procedures and proceedings, the paper proposes the protection mode on sunshine right which focuses on administrative protection and supplements the judicial relief, and provide strong administrative protection from three aspects:intensify the public notice or hearing of planning permission, boosting the enforcement efforts of supervision and inspection, establish the administrative adjudication system of sunshine infringement.