Research On The Construction Protection Of Lighting Rights In Building Planning Permission

With the development of urbanization, gradually expansion of real estate, land use increasingly concentrated, leading to the distance between buildings narrow than in the past, building lighting and sunlight increasingly become a matter of public concern. Lighting right is a compound interest, a combination of personal interests and the property interests, civil law and legal theory concerning the relationship between the traditional neighboring rights provisions can’t solve infringement lighting due to the rapid development of market economy. Meanwhile, the administrative law that protecting the lighting right, mainly from urban planning, architectural design and other aspects of the right to conduct general lighting requirements. There are a large number of cases that the planning permission legal building infringe the lighting right of the owner of the adjacent building in real life. How to solve this issue is a practical and significant matter. This paper consists of four sections:The first chapter:First, by defining the planning permission and the right lighting precipitated their legal nature, and thus to clarify the relationship between planning permission and the lighting right from the perspective of interest.The second chapter:Case studies on the lighting right of the planning permissions. Finishing the 112 administrative cases planning permission, through quantitative analysis of the case, to tease out the case the focus of controversy, the court summarized the referee thinking, which made light protection from administrative problems in the right perspective.The third chapter:Identification of the planning permission recognized architectural violating the lighting rights. Through the Tolerance limits theory which come from abroad, the author put the standard of the infringement forward. In the last of this chapter, the author give his points that the permitted construction could infringe the lighting right,and from two aspect to prove the point.The fourth chapter:How to improve the construction planning permission in the right lighting protection. from substantive and procedural law to protect the lighting rights.