To prevent and control noise pollution, we have added a legal weapon
2022-06-07
Some sounds are very beautiful, such as insects and birds in the morning; Some sounds will affect normal production and life, such as noise. In recent years, noise complaints remain high, and noise infringement cases occur from time to time. In order to protect the public's "right to quiet", on January 1, 2022, the provisions of the Supreme People's Court on the application of injunction preservation measures in ecological environment infringement cases were officially implemented; In April, the people's Court of Haizhu District, Guangzhou City, Guangdong Province issued the country's first "noise disturbing residents" pre litigation prohibition order, using the force of the rule of law to ensure the peace of people's study and life at home. On June 5, when the noise pollution prevention and control law was formally implemented, the reporter interviewed the heads of relevant departments, experts and scholars on issues of public concern, such as the settlement of noise pollution conflicts and disputes, and the application of environmental infringement prohibition orders. A restraining order brings peace to life Since december2018, Mr. Wang and his family, who live in Room 302 of a community in Haizhu District, Guangzhou, have often heard strange roars in their rooms. Since then, the COVID-19 came, and Mr. Wang's daughter learned online at home. The strange cries continued, seriously affecting the normal life of the family. According to Mr. Wang, it was Mr. Li in Room 102 who made the noise. According to the monitoring by the ecological environment bureau of Haizhu District, the sound was 36 dB in 302 houses. Although it was clearly audible, it did not meet the noise limit of 60 dB in the daytime and 50 dB at night. According to the civil code and the then effective law on the prevention and control of environmental noise pollution, the relevant law enforcement departments could not impose penalties. In desperation, Mr. Wang submitted an application for a pre litigation injunction to the people's Court of Haizhu District on April 13, requesting the court to prohibit the respondent Mr. Li from making noise by making strange sounds. On April 14, the Haizhu District Court made a ruling supporting Mr. Wang's request. On April 15, Mr. Li signed the civil ruling and prohibition order at the scene, dismantled the recording and broadcasting equipment, and promised not to make noise to disturb the residents. At this point, Mr. Wang and his family finally recovered their peace. Provide more timely protection for noise pollution victims "The first nationwide 'noise nuisance' prohibition order issued by the Guangdong court has certain exemplary significance." The relevant person in charge of the environmental resources division of the Supreme People's court said that in this case, because Mr. Wang's daughter took online classes at home, the noise continued to play, which had a very serious impact on the physical and mental health of children, and the need to stop this behavior was very urgent. As the guardian of his daughter, Mr. Wang's request to prohibit Mr. Li from making noise complies with the provisions of the judicial interpretation of the environmental prohibition order. Previously, in the case of noise disturbing residents, if it can not be solved through consultation or coordination, there are usually two ways for pollution victims to safeguard their rights: one is to order the perpetrator to stop producing noise or reduce noise through the administrative organ, which is more convenient, but only if the noise emission exceeds the standard; The second is to file a civil lawsuit, which can solve the disputes caused by legal acts. The disadvantage is that the procedure is complex and will consume the time and energy of the parties and more judicial resources. "The issuance of the pre litigation injunction shows a new way to solve the noise pollution dispute." Hu Jing, a professor at the school of civil, commercial and economic law of China University of political science and law, believes that the application of the injunction is not based on the premise that the perpetrator's behavior is illegal. The procedure is relatively simple, consumes less judicial resources, and is more convenient for the protection of the rights of pollution victims. New judicial regulations promote the containment of environmental pollution from the source According to Article 2 of the environmental protection law, the environment "refers to the total of various natural and artificially transformed natural factors that affect human survival and development, including atmosphere, water, ocean, land, mineral resources, forests, grasslands, wetlands, wildlife, natural relics, cultural relics, nature reserves, scenic spots, cities and villages". "The scope of the environment is very wide, and the field of protection involves all aspects of social life." The relevant person in charge of the Supreme People's Court of environmental protection and Resources said that the irreversibility of the ecological environment damage and the difficulty and long-term nature of the harmful consequences all illustrate the arduous nature of the ecological environment protection. The application of the preventive judicial measures in the environmental field of prohibition order is conducive to curbing environmental pollution and ecological damage from the source, and timely and effectively preventing or reducing the impact of ecological environment damage. The law on noise pollution prevention and control provides a legal basis for solving noise nuisance and preventing noise pollution. Article 86 of the law stipulates that "units and individuals who have been harmed by noise shall have the right to require the infringer to bear civil liability according to law." The relevant person in charge of the Supreme People's Court of environmental protection and resources pointed out that the provision here does not take whether the standard exceeds the standard as a prerequisite for assuming civil liability, which further broadens the scope of protecting the legitimate rights and interests of the people. The judicial interpretation of environmental injunction applies not only to the pre litigation injunction applied to the court for making before litigation, but also to the application to the people's court for making an in litigation injunction in the course of litigation to stop the environmental pollution and ecological damage that have occurred or are about to occur. According to the law on the prevention and control of noise pollution, in addition to exceeding the standard and disturbing the residents, "the phenomenon of not taking prevention and control measures according to law to produce noise and interfere with the normal life, work and study of others" is also defined as noise pollution. When there is noise pollution around, how should citizens safeguard their rights and interests? The above-mentioned person in charge said that according to the relevant provisions of the law on the prevention and control of noise pollution, any unit or individual has the right to report acts that cause noise pollution to the competent ecological environment department or other departments responsible for the supervision and management of noise pollution prevention and control; A unit or individual that has been harmed by noise shall have the right to demand that the infringer bear civil liability according to law. That is, when people are polluted by noise, they can report to the competent department of ecological environment, etc., or they can bring a lawsuit to the people's court. (outlook new era)
Edit:sishi Responsible editor:xingyong
Source:https://epaper.gmw.cn/gmrb/html/
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