subject: "light Pollution" Policies Become More Serious, Where To Go - Light Pollution, Laws And [print this page] A company-owned hall wall next to a display installed Jizhan high brightness Illumination Lights, brightly lit at 7 pm every night, endless night, until 5 am the next day only gradually faded. It lights down a photo of the companies it is truly magnificent, can suffer the surrounding residents. Strong direct light through the window and the residents of the house, filled the room as the day, make it difficult to sleep.
A people do this the company took legal action to require removal of the Jizhan lights, stop and eliminate light pollution against him, publicly apologized to him and to pay compensation of RMB 1. His reason: According to the Shanghai Urban Environment lighting standards shall not be injected into people spill light windows, interfere with residents of a rest. The installation of street lamps that the company issued a strong light, has resulted in their sleep at night, daytime irritability, affect the efficiency of the consequences. The company were not impressed, that this is their normal place of business environment, lighting, light pollution from not only constitute a violation of the legitimate rights and interests of these households, in fact, also convenient for nearby residents to walk at night.
This case appears to the general, but in fact it was a relatively new cases. Second City Court trial of compensation cases, long-term senior judge Zheng Zhang wrote: First of all, this was due to "light pollution" disputes arising from damages, how to handle such disputes in China's existing laws, regulations, lack of clearly defined, usually refer to relations between adjacent or infringement of the provisions of environmental pollution, combined with the specific facts of the case be handled in accordance with the principle of fairness. Second, the results of such cases is often difficult to judge against, judicial practice, we will be judged on the following four points: laws, regulations, rules and regulations of the prohibitive provisions; national or local standards in the proposed provisions; without the first two provides that the conclusions based on the professional sector; with the judge's social experience and common sense, according to the general public recognition, and to judge the extent of damage. For the present case, the Shanghai local standard of the residential area were within the provisions of the environmental light intensity, involving light from the light source and distance from residential areas, light intensity, the time of opening several aspects of investigation, we found that it has exceeded the general public generally can tolerable limits, constitute light pollution caused by the existence of the possibility of damage to the human body. In particular to point out that lighting is not the way the companies involved because of social and public utilities or public acts of the government led, but the company needed to conduct their own business, so residents to stop the infringement, eliminate prejudice and they should be supported. As for the apology and compensation for losses, the company does not act because of the adverse social impact of the residents, the residents failed to adduce evidence to prove he suffered actual losses, so the court not support it.
