Research On The Sunshine Right Under The Background Of Planning Permission

In recent years,with the rapid development of China's city construction,more high-rise buildings are built which leads to more frequent cases of sunshine disputes between adjacent buildings,especially adjacent residential buildings,at the same time.Sunshine right belongs to the category of neighboring relations of civil law in China's legal system,but it is not merely protected by private law.The issue of building sunshine is also an unavoidable problem in urban and rural planning and management;therefore,it is also stipulated in the field of public law,especially in planning and management regulations.The cases of new buildings with planning permission violating neighbors' sunshine right are relatively special in the sunshine dispute cases.The particularity of these cases is that the new buildings with planning permission get permission from the authority to shield the sunshine of adjacent buildings.Under such circumstances,the injured party could choose two lawsuit ways,administrative procedure or civil suit,to seek relief,which more directly manifest the protection status of sunshine right intertwined under public rights and private rights.Therefore,to research sunshine right and then protect it,it is necessary to research sunshine right comprehensively,especially comprehensively review from the related legislative provision and judicial practice.This thesis is divided into four parts besides the introduction and conclusion.First,sort out the basic theory of sunshine right and analyze the controversial issues;second,analyze the legislation status of sunshine right,generally set forth it in two parts: private law and public law,and focus on local regulations to draw useful results from local regulations while understanding the problems existing in the legislative level;third,grasp the judicial practice of sunshine right,and make an empirical analysis of the typical cases of new buildings with planning permission violating neighbors' sunshine right.Focus on the mainstream thinking of the relevant administrative and civil proceedings to understand the problems that may exist in practice and verify the legislative defects and administrative dereliction of duty at the same time;at last,based on the comprehensive grasp about protection status of sunshine right from the two aspects of legislation and judicature,give advice to improve the relief mechanism for sunshine right.And provide protection for its operation from legislative,judicial and administrative aspects to help avoid sunshine violation.It could also make victims obtain enough relief if it is unavoidable.