Traditional Culture Encyclopedia - Hotel franchise - The hotel lights are flashing every night. Residents cannot bear the light pollution. How to complain about the nuisance of lights?
The hotel lights are flashing every night. Residents cannot bear the light pollution. How to complain about the nuisance of lights?
In our country's "Constitution" and "General Principles of the People's Republic of China and Civil Law", there are provisions on environmental aspects. Article 26 of the "Constitution of the People's Republic of China" stipulates: The state protects and Improve the living environment and ecological environment, and prevent and control pollution and other public hazards. This provision of the Constitution actually gives citizens the environmental right to enjoy a comfortable environment. Any behavior that affects the living environment and ecological environment of others constitutes an infringement and should be prohibited. However, the Constitution does not stipulate which behaviors and phenomena are infringements, which requires confirmation by other laws and regulations. Article 83 of the General Principles of the People's Republic of China and Civil Law stipulates: Neighboring parties to real estate shall correctly handle water interception, drainage, ventilation, lighting, etc. in a spirit that is beneficial to production, convenient for life, solidarity and mutual assistance, and fair and reasonable. If a neighboring party has an adjacent relationship and causes obstruction or loss to the neighboring party, the infringement shall be stopped, the obstruction shall be eliminated, and the loss shall be compensated. This provision of the General Principles of Civil Law regulates adjacent relationships. According to the current common understanding, this provision does not apply to the infringement form of "light intrusion", because obstructing "lighting" is interpreted as affecting (usually preventing) other parties' normal lighting (generally referring to natural sunlight). For this This kind of "light intrusion" situation, such as the situation mentioned in the case at the beginning of this article and the artificial intrusion of other lights, does not seem to be within the scope of this legislation. However, as a basic clause for dealing with adjacent relationships, it would be inconsistent with the reality of social development to only give this literal and narrow interpretation.
Therefore, after we suffer from light pollution, we still need to find coordination with the street or neighborhood committee, and we can also consider the People's Court.
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