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家门口装监控算侵犯邻居隐私吗？济南一法院这样解释：没越界，不侵权_我的网站
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China has firmly rejected such hypes. "Xisha Qundao is China's inherent territory, over which there is no dispute. Necessary construction on our own territory is aimed at improving living and working conditions on the islands and growing the local economy," said Chinese Foreign Ministry spokesperson Lin Jian at a regular press conference on March 23.
Despite that clear explanation, some foreign media outlets continued to point their finger at the Chinese reef. Why is China carrying out construction at Lingyang Jiao, and why do external parties have no grounds to reproach? Chinese experts recently spoke with the Global Times about the history, purpose and legal basis of the construction on the reef.
Indisputable sovereignty
Lingyang Jiao, whose name comes from its resemblance to an antelope horn, lies on the western side of Yongle Atoll in the Xisha Qundao, about 89 kilometers from Yongxing Island and 6.5 kilometers from Jinyin Island. The reef stretches six kilometers from north to south, measures about 3.5 kilometers at its widest point and covers roughly 15 square kilometers.
The reef, also traditionally known among Chinese fishermen as Kuangzai or Quanzai, is administered by the city of Sansha in South China's Hainan Province.
"Lingyang Jiao is an inherent part of China's territory. Fishermen from Hainan sailed there to fish as early as the Ming (1368-1644) and Qing (1644-1911) dynasties," Xu Xiaodong, a vice chairman of the Huayang Center for Maritime Cooperation and Ocean Governance, told the Global Times on March 23.
In 1935, the then-Chinese government included the reef in its bilingual list of South China Sea island names. Its name was reviewed again in a corresponding list issued by the then ministry of the interior in 1947 and has remained in use ever since, Xu said.
During the 1974 Xisha self-defense counterattack, the South Vietnamese warship Nhat Tao was sunk in waters near Lingyang Jiao. Xu said these facts demonstrate the Chinese government's determination and actions to safeguard its sovereignty over the Xisha Qundao, including Lingyang Jiao.
Lei Xiaolu, a professor at Wuhan University China Institute of Boundary and Ocean Studies, said that China was the first country to discover, develop and administer the Xisha Qundao. Successive Chinese governments have continuously exercised jurisdiction over the islands, including Lingyang Jiao, forming a clear historical record.
France recognized China's sovereignty over the Xisha Qundao in the late 19th and early 20th centuries, Lei said. When France attempted to occupy the Xisha Qundao in 1931 and nine islands and reefs in the Nansha Qundao in 1933, the Chinese government immediately protested and reaffirmed its sovereignty.
Numerous official documents from that period clearly placed the Dongsha, Xisha, Zhongsha and Nansha Qundao within Chinese territory, such as a 1935 map of the South China Sea islands, a brief chorography of the South China Sea islands in 1947, a comparison table of their old and new names, and a location map bearing the South China Sea dash line. After the founding of the People's Republic of China in 1949, the Chinese government continued to exercise sovereignty over the Xisha Qundao.
"Lingyang Jiao is part of China's Xisha Qundao. The Chinese government has repeatedly made clear that China has indisputable sovereignty over the Xisha Qundao," Lei said.
Construction to improve living
Previously published aerial images have shown Lingyang Jiao's distinctive ring-shaped lagoon, but its natural beauty long contrasted with the rudimentary living conditions faced by local fishermen.
According to the official website of the Sansha city government, the reef was once almost entirely barren, with little vegetation. Fishermen lived two or three to a coral-stone hut measuring only three or four square meters.
For a long period, a single diesel generator was used to supply electricity on the reef, providing power only between 7 pm and 11 pm. Fresh water had to be carried from vessels arriving from Hainan Island, while typhoons posed a constant threat to residents and their homes.
Construction of a fishermen's settlement was put on the agenda in 2012. However, the complex topography and hydrological conditions around the reef prevented large vessels from approaching, forcing workers to carry construction materials ashore by hand.
After years of development, Lingyang Jiao now has basic infrastructure including a desalination facility and a power station. Its navigation channel has been dredged and opened, and a fishermen's settlement has been completed.
Xu said the current construction serves at least two purposes: The first is to provide more and better public services.
Lingyang Jiao lies on the outer edge of the Yongle Islands, surrounded by some of the most difficult navigational waters in the Xisha Qundao. In 2015, the Chinese government built and activated a lighthouse there to provide navigation services for passing vessels.
"Further construction can provide stronger infrastructure support for maritime search and rescue, disaster prevention and mitigation, and help ensure navigational safety in the South China Sea," Xu said.
The construction will also further improve local residents' living conditions. Transport difficulties have long left the reef short of essential supplies, while typhoons have repeatedly caused serious damage to housing. The construction can better meet fishermen's needs for water, electricity, secure housing and employment, Xu noted.
"Fishermen working in the South China Sea have long faced extremely harsh conditions. Far from shore, they spent weeks exposed to intense sunlight, strong winds, heavy rain and sudden typhoons, often without a safe place to rest or repair their boats," Ding Duo, director of the Research Center for International and Regional Issues at the National Institute for South China Sea Studies, told the Global Times on Wednesday.
Ding said the construction is intended to improve the living standards of Chinese fishermen and represents a direct result of China's people-centered development philosophy.
"China now has the capacity and resources to develop infrastructure at Lingyang Jiao. Doing so is both feasible and responsible, and responds to the long-standing needs of fishermen who have depended on these waters for their livelihoods for centuries," Ding said.
Besides, ecological protection has remained a prerequisite for production and construction on the reef. In 2019, a research team led by Professor Xie Qiang from Sun Yat-sen University School of Life Sciences discovered a new marine insect species at Lingyang Jiao and named it after the reef.
It was China's first discovery of a strictly marine insect group at the family level within its territory and territorial waters, filling a gap in the country's scientific records.
"China's land reclamation and construction activities are conducted in strict accordance with laws, regulations and ecological standards," Xu said. "Through technological innovation and systematic governance, China has balanced ecological protection with resource utilization. The results of environmental protection at Lingyang Jiao and in its surrounding waters are clearly visible," Xu said.
No room for external interference
China's construction at Lingyang Jiao has drawn persistent attention from some foreign media. Since January, outlets including Newsweek have used satellite images to hype the project.
The US-based Center for Strategic and International Studies recently claimed that the reclaimed area at Lingyang Jiao had surpassed that of Yongxing Island and was approaching the size of Meiji Jiao, China's largest island reef in the South China Sea.
A Reuters report published on Wednesday went further, claiming that Lingyang Jiao could be one of the Chinese military's most important features in the South China Sea. It speculated that the reef could host surveillance facilities or support nuclear-powered submarines to strengthen "China's military presence around key waterways."
Ding rejected this accusation, saying that as a permanent member of the UN Security Council, China conducts construction on islands and reefs in the South China Sea strictly within the framework of international law.
"The construction at Lingyang Jiao is peaceful in nature and serves the public. It is intended to better safeguard national territory while providing practical assistance to people and vessels operating in the South China Sea," Ding said.
Ding said improved infrastructure at Lingyang Jiao would bring broader benefits to the region by strengthening China's capacity to provide public services. These include more accurate weather forecasting, faster and more efficient emergency rescue, broader marine scientific research and stronger safety support for the South China Sea's busy international shipping routes.
"China's construction can provide more international public goods and help reduce risks for merchant ships, fishing vessels and other maritime activities," Ding said. "It is not militarization, but an effort aimed at safeguarding peace and stability. The tendency to view everything China does as military in purpose reflects the dark geopolitical mentality of the West."
Xu said China's land reclamation and construction activities also have a solid basis in international law. China ratified the UN Convention on the Law of the Sea in 1996 and, under the convention, has the right to conduct construction on islands and reefs within its own territorial waters without seeking the consent or approval of any other country.
"The Xisha Qundao have been Chinese territory since ancient times. Lingyang Jiao has long been a place where Chinese fishermen live and work, and it also carries the history of the Maritime Silk Road," Xu said.
Both history and present-day reality demonstrate China's indisputable sovereignty over the South China Sea islands, including the Xisha Qundao, Xu noted. The waters surrounding the Xisha Qundao are under China's effective administration, making land reclamation and construction at Lingyang Jiao normal activities within China's sovereign jurisdiction.
Objections from external parties are inconsistent with China's long-standing administration of the South China Sea islands and have no basis in international law or international rules, Xu said. No country has the right to interfere in China's construction activities at Lingyang Jiao.
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二 | 业主在自家房屋安装监控摄像头，本是为守护自家居住安全、防范意外情况的正常举动，却引发了邻里矛盾。新黄河记者从济南市历城区人民法院获悉，历城区一业主因邻居在窗台外侧安装摄像头，认为隐私遭到侵犯，双方历经多次调解未果，最终闹到了法院。据法院方面表示，涉案摄像头拍摄范围仅限安装人自有区域，未涉及邻户，法院据此驳回原告诉讼请求。法律人士提醒，居民可合理安装安防监控，但拍摄收音不能越界侵害邻居隐私权。 据案情介绍，李某甲与李某乙均系历城区荷花路街道办事处某村居民，两家比邻而居，李某甲院落居北，李某乙院落居南。2024年7月，李某乙在自家房屋三楼北墙东、西两个窗户窗台外侧安装摄像头。李某甲发现后遂报警处理，经荷花路派出所及某村委会多次调解未果。2024年7月，李某甲向法院起诉要求李某乙停止侵害并赔礼道歉，并改装摄像头为东西向以消除侵权隐患，在案件调解阶段，经法院多次调解李某乙拆除案涉摄像头，2024年10月，因李某甲未按期缴纳案件受理费，法院按李某甲撤回起诉处理。后李某乙又在原来窗户外侧安装摄像头，李某甲再次向法院起诉。 据了解，在案件审理过程中，法官多次赴现场实地勘察，并将双方喊到村委会多次背对背进行调解。后查明李某乙安装的摄像头为固定方向的摄像头，摄像头仅能拍摄到李某乙家屋顶瓦片范围，并不能拍摄到李某甲家。2025年3月21日李某乙已将该摄像头声音线路切断，该摄像头已无法听到任何声音。
三 | 事实调查清楚后，承办法官又对双方展开调解工作，劝导双方互谅互让、友善相处，经多轮协商，因李某乙反悔，双方未能达成调解合意。 法院审理认为，李某乙安装的摄像头为固定方向的摄像头，拍摄范围仅为李某乙家屋顶瓦片，并不能拍摄到李某甲家，且该摄像头声音线路已被拆除，无法听到任何声音。
四 | 现有证据不能证明李某乙有侵害李某甲隐私权的行为，故对李某甲要求李某乙停止侵害，并改装摄像头方向的诉讼请求，法院不予支持。关于赔礼道歉，李某乙并未侵害李某甲隐私权，故对李某甲的该项请求，法院不予支持。 济南市历城区人民法院华山法庭三级法官栾庆文表示，善待邻居一直是中华民族的传统美德，案件中双方系多年前后邻居，且属于同一家族，实属难得的缘分。因一些小事闹出别扭，日日如芒在背，实不可取。法院希望双方互谅互让，和谐相处，团结互助，做到以邻为善、以邻为伴，多沟通、多理解，妥善处理分歧，共同协商解决问题，齐心共筑友好的邻里关系。 对此，有法律人士提醒，市民可以在家中安装监控守护自身安全，但不是装在自家就可以“随心所欲”。安装监控要调好拍摄角度，尽量关闭录音功能，不要把设备对准邻居家的门窗、院落等私密区域。一旦越界采集邻居的影像、声音，哪怕设备装在自家地盘，同样有可能侵犯他人隐私权，需要承担相应法律责任。
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