| At present,the pace of urban development is accelerating,the scale of real estate development tends to expand,and the use of land is concentrated.As a result,the distance between buildings is constantly being reduced,causing problems such as lighting problems in buildings.These problems are closely related to the interests of the people.It is easy to become a key point in the outbreak of social conflicts.It is the study perspective to use the light infringement disputes in the architectural planning administrative licensing litigation.The compounding nature of the rights to the lightcollecting rights will combine property interests and personality interests.Although China’s civil law has traditionally stipulated relevant neighboring rights,there is a lag in resolving the infringement of the right to daylight.The provisions of China’s administrative law on the protection of the rights and interests of lighting are relatively general.The specific provisions are mainly stipulated in urban planning and architectural design.In real life,there are frequent legal buildings that cause lighting rights.How to solve this problem is very important and critical.Firstly,this paper needs to comb the general theory of judicial review of architectural planning administrative license.First,it is clear that architectural planning administrative licenses belong to administrative concessions,which can involve the interests of the licensee’s counterparts,the public interests of the cities,and the interests of nonreciprocal people.The exercise of building planning rights not only requires government self-restraint but also requires judicial supervision,and then from the interest Perspectives on the relationship between architectural planning administrative licensing and the right to light;Secondly,in-depth analysis and study of the concrete dispute cases concerning the right to natural light in the architectural planning administrative license,in which the dispute over the right to light is the cause of the case,is relatively large compared to other cases.Based on the analysis of these cases,the paper focuses on the main focus of the case disputes,summarizes the court’s review of the refereeing ideas,and puts forward the review of the judicial review of the right to natural light;At the same time,it raised the issue of the judicial review of the dispute over the right to the use of light in the architectural planning administrative license.It puts forward that the plaintiff qualification review is not clear,that the criteria for determining the lighting infringement in the judicial review are not perfect,and that the administrative license for legal architectural planning is abused as the reason for the infringement of the right to u se daylighting rights;Finally,it discusses the judicial review and perfection of the construction planning administrative license for lighting rights disputes.It states that the judicial review of plaintiff qualifications should rely on objective criteria,and that judicial review should draw on the theory of foreign tolerance limits and propose that the copyright infringement standards and legal construction planning administrative licenses do not constitute the reason for the infringement of lighting rights. |
