建筑技术在相邻关系司法裁定中应用探讨

Study on Application of Building Techniques in Adjudication of Building Neighboring Relations Disputes

我国现行法规在调整相邻关系中确定的都是原则性的指导规定,对相邻权的界定缺乏具体的技术裁定标准。为了给相关司法人员界定相邻权提供一定的参考和借鉴,文章介绍了相邻关系问题所涉及的建筑技术内容,主要给出了各相邻关系类别所对应的建筑设计规范和标准;并以相邻日照采光权纠纷为例,探讨建筑技术在相邻关系纠纷司法裁定中的具体应用。结果表明,依据相关国家标准,结合现场勘察,合理运用建筑技术知识可以实现对相邻权的科学界定。

China's current laws and regulations to adjust the neighboring relations are simply guiding principles,with their definition of neighboring rights being lack of specific technical criteria In order to provide certain reference for the relevant judicial personnel,the building techniques involved in neighboring relations are introduced in this paper And the main architectural design standards and specifications which correspond to different neighboring relations are presented In addition,taking dispute over right of sunlight in neighboring relations as an example,the application of building techniques in adjudication of neighboring relations disputes are also discussed The results show that the rational use of building technology knowledge,according to the relevant national standards,combined with site investigation can make the scientific definition of neighboring rights.