Research On The Special Legislation Of Light Pollution Prevention

Light pollution refers to the phenomenon or result that violates the relevant light environment standards,excessive use of lighting equipment or the use of inappropriate materials,generates light radiation exceeding the standard limit,and negatively affects humans,biology,ecological environment,astronomical observation,and energy waste.Compared with general pollution prevention legislation,light pollution prevention legislation must be based on the unique characteristics of light pollution,and based on the characteristics of a wide range of light pollution sources,special properties,concentrated time and space,and relative violations,establish corresponding light pollution prevention laws and regulations to ensure legislative design.Targeted and operable.The current special legislation on light pollution prevention is necessary and feasible.On the one hand,the need for special legislation for the prevention and control of light pollution is mainly due to the fact that there is no special legislation for the prevention and control of light pollution at the national level,the management system for light pollution prevention has not been established,the basic system is not applicable,the supporting system is lacking,and the legal system is not yet complete.On the other hand,special legislation on light pollution prevention is feasible.First,light radiation is already the legal pollution type in China.Secondly,Croatia,Japan,France,South Korea,and other countries have accumulated a lot of experience in the process of controlling light pollution,providing important inspiration and reference for China’s special legislation on light pollution control.At the same time,various regions of China have also accumulated a lot of experience in light pollution control in practice.Based on the above considerations,China should formulate a special law to prevent and control light pollution.The ideal state is to formulate a "Light Pollution Prevention Law",but according to the actual situation in China,before the "Light Pollution Prevention Law" has been promulgated,it is more ideal at this stage The path is to formulate an administrative regulation for the prevention and control of light pollution-the "Regulations on the Prevention and Control of Light Pollution." Among them,the special management system for light pollution should be clarified,and the responsibilities of local people’s governments,competent departments,namely,the ecological environment department and sub-department departments,including natural resource departments,housing and urban-rural construction departments,and industrial and information technology departments should be clarified.Furthermore,establish and improve the main system and supporting system of special legislation for the prevention and control of light pollution.It mainly includes: a sound light pollution standard system,a sound classification and time-sharing management system.At the same time,standardize the use of new light sources,take necessary light pollution prevention measures,and establish a unified complaint reporting system.Coordinate multiple systems with a multi-pronged approach.Finally,improve the civil and administrative legal responsibilities of light pollution,realize the relief of light pollution violations,and protect the lawful rights and interests of victims.Among them,the aspect of civil liability is mainly to clarify how to identify the light pollution infringement and to expand the liability of tort liability.The aspect of administrative responsibility is mainly to clarify the legal basis for the investigation of administrative responsibility and to increase the intensity of administrative punishment.