Discussion On Legal Issues Of Lighting Right Infringemen

Counterclaims The social development China trends from a large agricultural country into an industrial power one. During this process development, the rural population migrating to urban leading to larger and larger urban area. People need more living space, which needs to increase the three-dimensional use of urban space. Therefore, a large number of high-rise buildings become one of the main ways to understand the use of three-dimensional space. Urban development in chaos and disorder not only makes the city become a "concrete jungle", many residential streets could never see the sunshine. Some people can’t feel the happiness of living conditions for comfortable life. As the rising of city culture and residents’legal consciousness and increasing interest of real estate further concentrated, the sunlight, the relationship between the conflicts of interests will exacerbate. However, due to the law of our country about light right protection is the lack of specific legal provisions to determine lighting in a standard is not unified, standard of compensation for loss is not clear, to the judicial practice brings a lot of problems, the non-uniform criteria to judge the discretion to increase, such as how to maintain light right has attracted the attention of the parties.Chapter one give the definition of light right, puts forward some legal problems existing in light right area at China at present stage. Chapter two analyses if the light right disputes can be as an independent cause of action directly used the civil relief procedure. Chapter three analysis the main body scope of light right infringement and the light right tort relation in real estate. Chapter four mainly check the subject of civil right or duty whether competent, nuisance behavior, damage results, causality, rules of the principle in detail light right infringement constitutive requirements, Comparing with France, Germany and Japan the three countries’legal system of lighting on adjacent "toleration duty" law, which reveals that adjacent relationship in the civil law system of our country "toleration duty" on the legal system of rationality, and suggestions to the provisions of the "national construction standards" of the relevant legal system as a practice in the adjacent buildings all "obligation of tolerance" is more than the necessary level of legal judgment; chapter three expounds the light right infringement civil liability commitment, including to stop the infringement, eliminate the obstruction and compensate for the losses, the standard of compensation of the main part for lighting in obstruction of the study. First, in China, the relevant departments from the relevant provisions of the compensation standard for day lighting of that law of our country currently on the right lighting harm compensation standard around the provision is not uniform, even if there are provisions but long passage of time, even some local government does not require the conclusion of infringement of light right compensation standards, then the legal practice around the judges to adjudicate cases usually adopts three light right infringement compensation methods through the advantage and disadvantage comparative analysis, puts forward light right infringement obstruction of compensation mainly in real depreciation as the main compensation and considering the victim to obtain the necessary costs of the anterior branch of the necessary electricity, physical rehabilitation fees compensation.The conclusion part summarizes the whole thesis to make some comprehensive suggestions from certain aspects, such as academic research, arbitration practice and revision of treaties and so on.