| As a civil law interest,sunshine interest,which is based on ownership,is protected by the rules of the adjacent relations.The right to claim damages for the sunshine interest belongs to the right of obligatory claims.Fault liability is a form of correcting justice.No-fault liability is a manifestation of distributive justice.One of the prerequisites for the application of the principle of no-fault liability imputation is the existence of special laws.In view of the fact that there is no special legal provision for compensation for damages caused by sunshine infringement,the principle of no-fault liability applies to the risk field from the analysis of the difference between fault liability and no-fault liability.The occurrence of damage in the risk field is closely related to the attention of the injurer.The the damage caused by the infringement of sunshine interest has a great correlation with the degree of attention of the injurer.Therefore,the infringement of sunshine interest is established on the principle of fault liability.Administrative licensing does not affect the determination of liability for infringement.Even if the building has an administrative license and the length of sunshine time of the neighboring building complies with the provisions of administrative laws and regulations,the developer of the building still has the possibility of assuming liability for damages for infringement of sunshine interest.There are two situations in judging the illegality of sunshine interest infringement damages compensation.First,it is regarded as illegal when the sunshine time is lower than the national minimum standard.Second,the sunshine time exceeds the "normal tolerance limit" when it exceeds the national minimum standard,it is also illegal.The "normal tolerance limit" should be judged by the feeling of an ordinary person.The determination of damage and the evaluation of damage to money are different issues.The two different methods of tort liability,damages and cessation of infringement,require different levels of damage.The standard for stopping infringement is higher than the standard for damages.Sunshine interest infringement damages are limited to property damages.If there are no special circumstances,personal injury compensation and spiritual damages are generally not supported.Due to the help of related software in the architectural design,it is certain whether the new building will have influence on the neighboring buildings.It is regarded as illegal when the sunshine time is lower than the national minimum standard and if the sunshine time exceeds the "normal tolerance limit" when it exceeds the national minimum standard,it is also illegal.The subject of claim for compensation for sunshine infringement damages is the owner of the real estate.With the authorization of the owner,the tenant of the building is allowed to exercise the right to claim sunshine damages.The main body responsible for liability for damages infringement of sunshine is the construction company.Given that the government’s function is to protect the residents’ minimum quality of life,if the government assumes responsibility for compensation,it is the responsibility of the entire people.Therefore,the government does not bear the liability for damages caused by sunshine.The amount of compensation does not have a clear stipulation in the law.Reference can be made to market price fluctuations.Based on this,it can be determined by referring to the one-time compensation method for sunshine interest in various places. |
