Empirical Research On Legal Protection Of The Lighting Rights Of Condominium Building

As there are more and more condominium ownership in our country,the case of group litigation arising from the obstruction of lighting right is also emerging,and become a hot issue in the society.Our country does not have the special legislation of adjacent relation of condominium ownership at present.Correspondingly,our country has only the simple provisions of the "General Principles of Civil Law" and "Property Rights Law" concerning adjacent relations.The overly simple principle provisions have left the legal gap for the constituent elements that impair the light and the specific content of the compensation standards.Obviously,it has been unable to meet the needs of judicial practice and can easily lead to excessive discretion of judges in the actual trial process.In practice,the laws and regulations applied by the courts in various localities are not uniform,and it is difficult to effectively settle disputes.The purpose of this article is to analyze the judicial decisions based on empirical cases,to conduct data exploration on the cases of condominium building light damage that occurred in China in the past ten years,and to sort out relevant theories about the damage of the building's light,in order to improve the right to light of condominium buildings.The legal system and theoretical system,as well as the guidance of judicial practice to deal with disputes in the condominium building lighting rights have benefited.This article is mainly composed of the following parts:In the first part,I first analyzes the main contents and legal basis of the two important concepts involved in the dissertation:"lighting right" and " condominium building".Then I summarized the current status of the legal protection of the right to the light of the current condominium building in China.Finally,I briefly introduces the general development history of the protection of the lighting rights of condominium buildings in major countries in the world.In the second part,I conducts further data exploration on the case of the right to light of the condominium buildings from 12 aspects of the winning ratio,the type of lawsuit,and the plaintiffs request for litigation and so on.I hope to reflect the status quo of the legal protection of the right to the light of the condominium building in China through the integration and analysis of the data.Then,based on the basis of data analysis of the case base,it summarizes the following six aspects:the basis of the court's judgement and the various ways of the court's responsibility,etc.In the third part,based on the analysis of the previous part of the data,and based on some typical cases,I analyzes the legislative system and the judiciary from the perspective of the incomplete legal system and judicial appraisal cost excessive and other problems.In the last part,on the basis of the analysis of empirical cases and foreign legislation,I puts forward suggestions,such as for the improvement of the "Property Law" and other legal provisions,and the establishment of additional environmental rights guarantee mechanisms on the basis of private law and public law.