International Open Access Journal Platform

On the Criteria for Balancing the Obligation of Tolerance Regarding Light Pollution—An Empirical Analysis Based on 57 Judicial Rulings

Siyue Yi

Advance in Law / 2026,8(2): 33-42 / 2026-05-13 24 16

View Download PDF

• Information:

  School of Law, Jinan University, Guangzhou, China

• Keywords:
  Tolerance Obligation for Light Pollution; Measurement Standards; Empirical Analysis
• Abstract: Against the backdrop of the “dual carbon” goals, pollution prevention and control is of paramount importance. As a specific form of energy-related environmental pollution, light pollution faces the challenge of unclear assessment criteria compared to other types of pollution. With the release of Supreme People’s Court Guiding Case No. 128—the case of Li Jin v. China Resources Land (Chongqing) Co., Ltd.—a new approach to resolving this issue has emerged, and the value of exploring the obligation of tolerance has become increasingly evident. Drawing on judicial documents from relevant cases as an empirical foundation, this paper examines the application of the obligation of tolerance regarding light pollution in 13 provinces and municipalities, including Beijing and Shanghai. It constructs a theoretical framework based on the principle of proportionality. The findings indicate that when applying the obligation of tolerance, multiple factors must be comprehensively considered to clarify the scope of the duty, determine the order of its application, and define its value-based application. On this basis, the study ultimately establishes and determines the criteria for the obligation of tolerance regarding light pollution, thereby safeguarding the public’s environmental rights and protecting the public interest.
• DOI: 10.35534/al.0802004 (registering DOI)
• Cite: Yi, S. Y. (2026). On the Criteria for Balancing the Obligation of Tolerance Regarding Light Pollution —An Empirical Analysis Based on 57 Judicial Rulings. Advance in Law, 8(2), 33-42.