试论相邻关系中侵害日照权的民事责任

On Civil Liability of Sunshine Rights Violation in Adjacent Relationship

日照利益的侵害主要是在相邻不动产的所有人之间因行使不动产权益而发生的,日照利益与建筑物的使用是不可分离的。相邻所有人之间一方所兴建的建筑物或附属物影响了另一方的采光,就妨害了另一方的日照利益,并因妨害日照直接造成另一方建筑物价值的降低。由于日照与建筑物居住者的正常生活有密切联系,近年来,索要日照权的纠纷越来越多。对此,国家虽出台一些相关的法律法规,但仍显粗疏。应当就日照权的侵权责任认定、承担责任的方式等,在重新审视的基础上加以明确规定。

Sunshine interests violation largely arises between real estate owners against adjacent property interests,which can not be separated from the utility of the buildings.When buildings and appendage constructed by one of the adjacent property owners affect the other one＇s daylighting,then the latter＇s sunshine interests are damaged and therefore the value of his buildings is reduced.In recent years,more and more disputes over sunshine interests have occurred as sunshine is so closely related with the daily life of the building occupants.It is true that a number of relevant laws and regulations have been introduced at the state level,but this is still insufficient.What should be clearly defined is the confirmation and responsibility of tortious liability concerning sunshine interests violation on the basis of re-examination.