Research On Damage Compensation In The Dispute Of The Adjacent Right Of Sunshine Lighting

The right of sunshine and daylighting is closely related to people's life and is an important right of people.With the development of social economy and the advancement of real estate industry and urbanization,more and more disputes over sunshine and lighting rights have arisen,which has caused many lawsuits.The relief methods mainly include eliminating obstruction,stopping infringement and compensation for damages.Among them,compensation for damages is the most important way to solve such disputes in practice.In practice,because there is no special legislation on sunshine and lighting right in our country at present,only the basic principle of adjacent relationship is stipulated in the General Principles of Civil Law and Property Law,but as far as sunshine and lighting right are concerned,there are no specific provisions on compensation treatment after infringement,which can not effectively deal with disputes in judicial practice.Damage compensation in the dispute of lighting rights has also become the most difficult and confusing problem in practice.This paper consists of an introduction and the main body.The introduction mainly introduces the current research situation and existing problems of this topic.The text is divided into three chapters:The first chapter mainly elaborates the empirical analysis of the applicable cases of compensation for damage caused by sunshine disputes in adjacent real estate,describes the relief status of sunshine and sunshine disputes in adjacent real estate.According to the empirical analysis method,it counts 270 cases in the past five years,and summarizes the current situation in four aspects: the request for litigation,the result of judgment,the legal basis of judgment and the evidence used in the case.It is concluded that compensation for damages is the most important remedy for sunshine disputes in adjacent real estate.This paper expounds the analysis of the application of damages in judicial practice,mainly from four aspects: first,the analysis of the real estate situation of the application of damages,and second,the analysis of the basis of the court's determination of damages.The third is the analysis of the scope of compensation awarded by the court.Fourth,the evidence analysis of the court's determinationThe second chapter mainly elaborates the dispute focus and reason analysis of adjacent real estate sunshine and lighting right damage compensation,and discusses the differences between the compensation for damage as a remedy of real right and that as a remedy for tort in two aspects,the difference between the compensation for damage of adjacent real estate sunshine and the compensation for damage of lighting right,the courts have different understandings of the "duty of tolerance",the difficulty in determining the amount of compensation for damage of adjacent real estate sunshine and the difficulty in applying the evidence for compensation for damage of lighting Judges have too much discretion,and find out the crux.Chapter three mainly aims at the deficiencies in the rules and application of compensation for damage caused by sunshine lighting disputes in adjacent real estate.It puts forward three suggestions to improve the rules in legislation,to standardize the use of evidence and to restrict the discretion of judges.Legislation should introduce local laws and regulations as far as possible,clarify the scope of compensation,apply judicial remedies for damages in property law,standardize judicial appraisal,reform court trial system to regulate the use of evidence,and regulate and restrict the discretion of judges by establishing a guiding case system,formulating basic calculation methods of sunshine lighting rights,and improving the professional quality of judges themselves.