Primary school students often hear "ghost cry" in home class? The country's first "noise disturbing residents" pre litigation prohibition order is also "quiet" to the people
2022-05-02
During the validity of the prohibition order, If the party concerned makes noise again, Will face fines, detention and other penalties. Recently, during the suspension of offline learning in primary and secondary schools and students' home study in Guangzhou due to the prevention and control of COVID-19, a resident continued to play the strange roar of "wild mountain ghosts". After the intervention of the administrative department was ineffective, the parents of the affected students filed a pre litigation prohibition order with the Haizhu District Court of Guangzhou, and the court issued a pre litigation prohibition order of "noise disturbing residents" within 24 hours, which effectively guaranteed the peace of study and life at home during the epidemic. This is the first "noise nuisance" pre litigation injunction in China since the implementation of the "provisions of the Supreme People's Court on the application of injunction and preservation measures in ecological environment infringement cases" at the beginning of this year. The strange sound continued to play, and the neighbors were annoyed Since December 2018, Mr. Wang's family, the party involved in the case, found that the "roar" with the content of "Wild Mountain Ghost" often came out of Room 302 where they lived. The sound repeats continuously from 8:45 to 12:00 and from 15:30 to 22:00 every day. After investigation, it was learned that the roar was made by Mr. Li in Room 102 due to disputes with other neighbors. The noise caused complaints from surrounding residents, and the neighborhood office and Neighborhood Committee presided over the mediation for many times. However, since the noise did not meet the administrative punishment standard (60 dB in the daytime and 50 dB at night), Mr. Li continued to play after participating in the mediation. On April 11, 2022, due to the impact of the COVID-19, primary and secondary schools in Guangzhou suspended offline teaching from April 11 and changed to online teaching. Therefore, Mr. Wang's daughter, who was in primary school, studied online at home in accordance with relevant regulations. However, the noise made by Mr. Li has seriously affected the learning quality of Mr. Wang's daughter. In desperation, Mr. Wang submitted an application for a pre litigation injunction to the people's Court of Haizhu District, Guangzhou City, Guangdong Province on April 13, 2022, asking Mr. Li to stop making noise. Make a pre litigation prohibition order of "noise disturbing residents" according to law After receiving the application, judge Dong Guangxu, who handled the case, went to the scene to investigate and found that Room 102 was unoccupied and Mr. Li's phone was not answered. Monitored by Haizhu District Ecological Environment Bureau, the sound is 36 dB in the applicant's Room 302, but can be clearly heard; 46 dB in Room 202; 57 dB in Room 101. Because the noise did not meet the noise limit of 60 dB in the daytime and 50 dB at night, the relevant law enforcement departments could not punish it. After examination, Haizhu court held that the noise involved in the case has seriously affected the quiet life of Mr. Wang and his family and children's study. If it is not stopped in time, the rights and interests of Mr. Wang and his family in the quiet life will suffer irreparable damage. Accordingly, in accordance with the relevant provisions of the Civil Procedure Law of the people's Republic of China and the provisions of the Supreme People's Court on the application of injunction preservation measures in ecological environment infringement cases, Haizhu court made a ruling on April 14, 2022, supported Mr. Wang's application and issued an injunction, requiring the respondent Mr. Li not to make noise to disturb the residents by playing the recording of "Wild Mountain Ghost". After making the injunction, the handling judge Dong Guangxu tried to get in touch with Mr. Li for many times, and finally got the result. On the phone, judge Dong explained to Mr. Li that if he refused to implement the pre litigation injunction, he would face fines, detention and even suspected of criminal crimes. Mr. Li also admitted making noise on the phone and expressed his willingness to stop the behavior. On the morning of April 15, Mr. Li signed the civil ruling and prohibition order at the scene, dismantled the recording and broadcasting equipment, deleted the "Wild Mountain Ghost" recording files, and promised not to make noise to disturb the residents in the presence of the court staff. The noise broadcast has hidden information, and the neighborhood contradictions are finally resolved According to the handling judge, the reason why Mr. Li initially installed recording and broadcasting equipment on the wall of the bathroom in the room is that the contradiction with his neighbor Mr. Zhao has further intensified. To Mr. Li's surprise, Mr. Zhao's poor hearing was not affected, but affected other neighbors. Mr. Zhang said the contradiction between the two came from Mr. Zhao in Room 101 building a canopy on the public land in front of the door, which seriously affected the ventilation and lighting of his 102 room. Mr. Zhao insisted that the land in front of the door belonged to him, and he had the right to decide how to use it, and he built the canopy because the camera installed by Mr. Li was facing the door of Room 102, violating his privacy. The two sides were deadlocked and could not reach an agreement after repeated mediation by the streets and neighborhood committees. Finally, after more than two hours of persuasion and legal analysis by the judge and mediator, the two sides finally reached a settlement agreement: Mr. Li removed the camera and Mr. Zhao removed the canopy. So far, the noise problem that has plagued the neighborhood for many years has been solved, the contradictions and disputes behind the respondent have been resolved, and the neighborhood has returned to a quiet and harmonious living environment. In mid March 2022, Haizhu branch of Guangzhou Ecological Environment Bureau signed a co construction agreement with the people's Court of ecological city of Haizhu court to establish a linkage and joint commissioning mechanism to provide legal support for the diversified settlement of ecological and environmental disputes. In this case, the court did not have the equipment and ability to accurately measure decibels, and Haizhu branch of Guangzhou Ecological Environment Bureau provided personnel and technical support. Judge interpretation On January 1, 2022, several provisions of the Supreme People's Court on the application of injunction preservation measures in ecological environment infringement cases officially came into force. Injunction has become a powerful means of judicial protection of ecological environment. At present, the situation of COVID-19 is grim, and the people have generally increased the length of time at home. As a primary school student, Mr. Wang's daughter needs to study online at home. A quiet living environment is very valuable. Mr. Li deliberately plays the recording to continuously create the noise generated by abnormal social life, and the recording content is "Wild Mountain Ghost", which is easy to cause fear among neighbors, and his behavior violates public order and good customs. Although the noise does not meet the standard of administrative punishment, the impact on the quiet life of the applicant shall be fully considered for the respondent's intentional noise making behavior. If the conditions prescribed by law are met, it may constitute civil tort and shall bear tort liability. After the applicant removes the equipment and decides not to sue the infringer for making noise before the decision is made. If within the validity period of the prohibition order, if the party makes noise to disturb the residents again, he will face fines, detention and other penalties. The judge reminded that when dealing with neighborhood relations, especially during the epidemic prevention and control period, all parties should consciously reduce the noise emission of social life, avoid unnecessary disputes and jointly promote social harmony in accordance with the principle of unity, friendliness and overcoming difficulties. If the dispute cannot be solved through negotiation, it should be solved through legal channels, rather than abusing private relief to damage the legitimate rights and interests of others, otherwise it should bear corresponding legal liabilities. (outlook new era)
Edit：luoyu Responsible editor：wangxiaojing
Source：court.gov.cn
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