Study On Legislation Of Light Pollution Prevention

As a new type of pollution, the light pollution has been put forward a difficult problem to the existing legislation. This article attempts to analyze the current legislative situation at home and abroad to summarize the domestic and foreign advanced legislative experience.That provide a useful reference for the construction of the legislation of light pollution prevention and control in China.Bases on analysis the domestic and foreign research present situation,and combine with the classification of light pollution, the paper pointed out that light pollution is a light sources that violate the national environmental standard of light building materials or lighting equipment, by an excess of light radiation or the index of refraction of light causing the physiological or psychological health damage, or bringing the impact to animals and plants. In the cleart of the definition of light pollution, we further point out that the cause of the light pollution is mainly caused by the bad consequences of scientific and technological development, backward technology, lack of awareness, laws and regulations are not perfect.There are four aspects of factors.The harm is reflected in five areas that the harm to human health, damage to the ecological environment, the impact of astronomical research, traffic problems, and resulting in a waste of energy. Thereafter, the paper analysis the constitution of China's, the general principles of civil law, the property law, the environmental protection law and the light pollution regulations. That points out the deficiency of current light pollution prevention and control law of our country in the aspect of legal system, basic system, regulatory agencies and duty and legal liability provisions. And the Czech Republic the protection of night environmental law, the light pollution prevent the regulations of Japan's.That foreign legislation law enlightenment us choose the legislation model in accordance with the national conditions, clearing light pollution prevention and control of the basic system, clearing the regulatory authorities and responsibilities, and strict liability.At last, the paper puts forward the legislative proposals, and points out that China's light pollution prevention and control legislation should choose the legislative model of single law. On the basis of clear legislative intent, the paper should be establish legislative principle that unified planning and zoning control, source control and process monitoring,prevention and combining prevention with control and comprehensive management, public participation and responsibility for the damage. To establish the light pollution prevention and control of the supervision and management system include light environmental pollution assessment standards system, light environment impact assessment system, light environmental monitoring system, light pollution information system and so on. And the paper further strict light pollution prevention and control of civil liability clearing the constitutive elements of civil liability, liability principles, the main responsibility, the form of civil liability, etc.And the paper clear the liability of administrative punishment and criminal liability of the supervision personnel.Use this way attempting to put forward feasible suggestions for establishment of light pollution prevention and control legislation in China.