On Civil Law Remedies Caused By Illumination On Nuisance

"Lighting obstruction" means that the right of the adjacent right of the right to light is impaired by the abuse of ownership or possession of real estate,lead to physical or mental hurted,and may also result in property damage.The main causes of lighting obstruction disputes include the growth of population,the reform of economic system,the imperfect standard of building construction and the lack of strict control of planning department.The law has relevant provisions on the right to light,but the provisions are simple,mostly general principles,and there is still a lack of legal provisions that can be relied upon to solve the relief of lighting obstruction.The law has relevant provisions on the right to light,but the provisions are simple,mostly general principles,and there is still a lack of legal provisions that can be relied upon to solve the relief of lighting obstruction.In judicial practice,there are difficulties in operation,difficult road to defend rights and other problems,only according to the Property Law 89 can not effectively provide relief to the right to light,and there is no specific compensation standards,content,judges enjoy greater discretion,leading to the phenomenon of different judgments in the same case.Through legislation,the right of light is stipulated as a kind of Property right,and define the legal status of lighting right.The only objective shading of light can not directly lead to light obstruction,the objective occlusion of the light belongs to the objective fact,if the light holder has the obligation of tolerance,the light occlusion within that limit will not constitute the lighting obstruction,and there is not need to relief it by law.However,exceeding the tolerance limit of the right holder will constitute the light nuisance.The determination of lighting obstruction should also pay attention to the problem of time between adjacent buildings,the tort building is built after the holders building,the holder can request for relief.If the construction time of the damaged building is later or the holder has obtained ownership and right to use later are not determined to constitute the lighting obstruction.To increase the content of private law relief of lighting obstruction,to concretize the way of liability,to apply different relief methods to different nuisance situations,and to choose the least cost and most reasonable relief method on the basis of observing the principles of honesty and fair and reasonable.Stop violation and Exclude obstacles which apply only to temporary buildings and relate only to the legal relations of the two parties,the application of such remedies should not harm the public interest and not waste of social resources in the case of the cessation of infringement.the exclusion of obstacles which apply only to temporary buildings and relate only to the legal relations of the two parties.Compensation for damages are more widely applicable,should provide for the calculation formula of damages,judges can calculate the reasonable standard of damages according to the local level of economic development,per capita income and so on,and establish a scientific mechanism of compensation for damages.The amount of damages may be determined by negotiation between the parties,or by the settlement mechanism of litigation and arbitration.