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"Legal Weekly" reporter CHEN Song-ling correspondent Yuan Jianbin
Due to disputes over the right lighting,doudoune moncler pas cher, Changsha Song and other 26 residents reported to the developers Furong District Court. May 10 this year, after court mediation, 26 residents from the court received a lighting compensation payments, totaling 1.368 million yuan. It is understood that this is the Furong District Court for the first time apply "Changsha City residential buildings spacing and sunshine regulations," the relevant provisions of the mediation process right lighting dispute,nike requin, to better safeguard the legitimate rights and interests of buyers residents. 11 morning,http://aofadalet.com/forum/profile.php?id=10337, the plaintiff accepted on behalf of Song "Legal Weekly" reporter, said that although the case is entangled for almost a year,hogan scontate, but he was very satisfied.
Changsha City Furong District Court Civil Tribunal Zhaohui, in recent years, disputes and litigation concerning the right lighting, more and more cases before the Court in this regard showed an increasing trend, "In the current civil law system in the country, yet clearly stipulates the right to compensation for lighting standards. "
New buildings affect the lighting right
July 2007, Mr. Song in a real estate development company bought the sets of real estate, bought the house belongs to the second phase of the cell. Soon, three residential projects to start building. After the third phase of the house, such as the initial shape, Song and other residents found his house the light is dim, immune to dry clothes,air max tn, new housing block their original house of the sun. And affected not only just a Song, Song found that the lower the household work  two residential buildings have a similar situation.
"We found that after the construction of these three projects, the impact of the sun purchased the house." Mr. Song said. Subsequently, Mr. Song discuss together with other affected residents unanimously rights advocates hold together. After that, 26 residents of numerous experiences of finding developers,vendita scarpe hogan,http://www.axiabridge.com/sunbbs/sunbbs.cgi?mode=form&no=6&page=Lastseasonwhowas%5B/url, demanding an explanation. Because not determine the extent of the affected parties unsuccessful negotiations.
January 20, 2010, Changsha City Planning Bureau Information Center by the 26 residents entrusted to the scene were identified, the issue of the "sunshine Analysis Report." 26 residents once again as a basis to require developers to solve the problem, but because the report only provides lighting whether relevant standards,tn pas cher, did not involve compensation standards, negotiation impasse again.
September 6, 2010, Mr. Song and other 26 residents reported to the developers Furong District Court, requesting the court to order the developer to stop infringement, eliminate prejudice; compensation 26 losses ranging from 60,000 to 90,000 yuan, and bear all litigation costs.
Song and 26 residents believe that after the completion of the third phase of real estate, seriously affecting their houses lighting, "Our electric lighting, heating costs will increase significantly,http://www.jrwolvesbasketball.org/forum/viewtopic.php?pid=101192#p101192, clothes drying can not be normal, the body must sunshine can not meet." Song Mr. said. October 22,http://www.07448.cn/bbs/home.php?mod=spacecp&ac=blog&blogid=,nike tn homme, 2010, the case was conducted the first hearing. Developers proposed, according to the "Who Proposes proof" principle, the plaintiff should provide specific loss amount, or provide a detailed, there is a legal basis for the calculation formula or calculation methods to support the claim. The first trial did not achieve positive progress.
Existing domestic law does not expressly compensation standards
Ding Xiangning case the trial judge accepted the "Legal Weekly" reporter, said, "Property Law" Although the building ventilation, lighting and sunlight were clearly defined, but the domestic current civil legal system, not yet clear on the right lighting provision of compensation standards.
"This gives us Judgments bring some difficulty, there is no standard, developers do not want to pay more than a sentence, sentenced to fewer residents suffer."  said that during the first hearing, the plaintiff emotional, proposed changes to the claim,hogan rebel, In addition to requiring the defendant to pay compensation, but also requires the defendants to apologize in the media. Dispute between the two parties on compensation standards.
Cases of disputes over the right lighting, although a number of cases nationwide, but most are closed in mediation, referring to different standards. Ding Xiangning judge repeated access to relevant information in the "Changsha City residential buildings spacing and sunshine regulations," the local laws and regulations, locate the relevant basis.
According to documents on the 15th in 2010 in Changsha city government introduced the "Changsha City residential buildings spacing and sunshine regulations," the right lighting residents really should be protected,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, Article 13 of the document states: "The Big Chill living space of residential buildings date effective duration of sunshine not less than two hours, each house should have at least one living space to meet the standard requirements of sunshine. "Meanwhile,http://www.amazon.co.jp/ハンコムリナックス-Vine-Linux-2-6-Deluxe/dp/B00009KMM9, the provision clearly relevant compensation standards.
After the judges go-between, the parties to this standard are accepted, after mediation, each household awarded 40000-70000 yuan range. April 15, 2011, the two sides signed on May 10,moncler outlet, 2011 by the developer lump sum compensation to the settlement agreement Furong District Court account. So far, the case was successfully closed.
Lighting right is inviolable
"Property Law" Why are demanding the right to protect the lighting? Ding Xiangning judge said, because the light is both a property right, but also the human rights or environmental rights, both civil rights, but also the private rights, loss of the right lighting,scarpe hogan donna outlet, the devaluation will inevitably bring about increased prices of electricity and heating costs of lighting, which is property of citizens loss.
Long-term living in the dark, dank house also make vision loss, rheumatism increases the body defenses are weakened, and so on,basket tn requin, the loss of the right lighting is caused because of excessive land development, and the over-exploitation of land causing severe environmental deterioration inevitably lead . "This is an environmental rights, the right to national standards and environmental rights are civil rights. Property rights and human rights are private rights, so the lighting power will be so important." Ding Xiangning said.
In accordance with national building standards, not as long as two hours of sunshine reached is the best, but the bottom sill faces have two hours, if you live in a high-level,air max pas cher homme,http://helloxiangning.com/bbs/forum.php?mod=viewthread&tid=218014, your lighting will be far more than two hours. National standards are the minimum requirements. Lighting right is inviolable. But not forced to sell.
Hunan Rui Liu Bang law firm lawyers said that if cases of violations of the right to blindly lighting exclusion prejudice demolition work will inevitably cause a huge waste of resources, however,http://club.eewwoo.com/home.php?mod=space&uid=83035, the issue of compensation for infringement of a law temporarily does not have any of their compensation be clearly defined. Changsha City Planning Bureau issued "Changsha City residential building space and sunshine regulations" normative documents, clearly defined standard lighting sunshine right infringement, violation of the right to compensation standards for lighting, Furong District Court judge for the file reference standard successful mediation of the case, the legal sufficiently convincing for the court to handle such cases provide future reference.