规划许可建筑侵害邻人采光权之相关法律问题研究

摘要

符合行政规划许可的建筑侵害邻人采光权在建筑物相邻关系中属于一种特殊的采光妨害类型。相关判断规则的缺失使得受害邻人其采光权得不到及时、有效的救济，司法实践出现标准不统一、同案不同判等问题。采光应是一种民事权利而非仅作为利益而保护，否则采光权利人对义务人的请求给付将无法律依据可循。%The architecture complying with administrative planning permission against the neighbors’right of lighting in the building adjacent neighbor relationship is a special type of lighting violation. Because of the lack of judgment rules, victims could not get timely legal remedy and standards of judicial practice are not uniform, leading different results for the same case. Getting lighting should be a civil right not just an interest, otherwise the obligee has no legal basis to ask the obligor to take proper measures. This paper first starts from the relevant case, attempting to clarify the nature of lighting, then comments the situation of legislation about lighting, finally analyses the relevant rules and judging standards of the architecture under administrative permission against neighbor’s lighting.