Innovative ways to solve disputes and reduce noise problems
2022-06-15
Insomnia, anxiety, irritability, neurasthenia... Have you ever been troubled by noise? According to statistics, in 2020, the number of noise disturbing residents ranked second in the "national ecological environment complaint management platform". On January 1, 2022, several provisions of the Supreme People's Court on the application of injunction preservation measures in ecological environment infringement cases came into force. In addition to pre litigation mediation and case trial, the people's court can also issue injunctions according to the applicant's application before or during litigation to stop the ongoing noise pollution in time. Not long ago, the people's Court of Haizhu District, Guangzhou City, Guangdong Province issued the country's first noise pollution prohibition order. From December, 2018, Mr. Wang and his family, who live in Room 302 of a community in Haizhu District, will hear continuous strange sounds in the room from 8:45 to 12:00 and from 15:30 to 22:00 every day. After investigation, the voice came from Mr. Li in Room 102. The monitoring shows that although the noise is clearly audible, it does not meet the noise limit of 60 dB in the daytime and 50 dB at night. According to the civil code and the noise pollution prevention and control law at that time, the relevant law enforcement departments could not impose punishment. In desperation, Mr. Wang submitted an application for a pre litigation injunction to the Haizhu District Court on April 13 this year, requesting the court to prohibit the respondent Mr. Li from making noise by making strange sounds and other means. On April 14, the Haizhu District Court made a ruling in accordance with the law, supporting Mr. Wang's application for an injunction, requiring the respondent Mr. Li not to disturb the residents by playing recordings. After the prohibition order was made, Mr. Li admitted that the noise was his broadcast. On the morning of April 15, Mr. Li signed and received the civil ruling and prohibition order on the spot. In the witness of the court staff, he dismantled the recording and playing equipment, deleted the recording files, and promised that he would not create noise to disturb the residents. "In this case, the Haizhu District Court issued the country's first noise pollution prohibition order, making it clear that the judicial interpretation of the environmental prohibition order can be applied to noise infringement." Liuhuihui, director of the comprehensive office of the environmental resources tribunal of the Supreme People's court, said that this is not only the correct application of the judicial interpretation of the environmental prohibition order, but also reflects the innovation of behavior preservation in ecological environment protection. "The issuance of the pre litigation injunction shows a new way to solve the noise pollution disputes, and has positive demonstration and guiding significance." Hu Jing, a professor at the school of civil, commercial and economic law of China University of political science and law, said. It is worth noting that the case occurred before the formal implementation of the newly revised law on the prevention and control of noise pollution. Because the decibel "did not exceed the standard", the administrative organ could not punish it. On June 5 this year, the newly revised law on the prevention and control of noise pollution was officially implemented. 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. The newly revised law on the prevention and control of noise pollution redefines noise pollution and further expands the scope of protection. After the implementation of the new law, administrative organs may also impose penalties on noise pollution acts that do not meet the noise emission standards but actually have a negative impact. Article 31 of the newly revised law on the prevention and control of noise pollution stipulates that all units and individuals have the right to report acts that cause noise pollution to the competent department of ecological environment or other departments responsible for the supervision and management of noise pollution prevention; Article 86 stipulates that a unit or individual that has been harmed by noise shall have the right to require the infringer to bear civil liability according to law. "This means that when people are harmed by noise, they can report to the competent department of ecological environment and other departments responsible for supervision and management, or they can bring a lawsuit to the people's court." Liuhuihui said that the provision does not take whether it 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. (outlook new era)
Edit：sishi Responsible editor：xingyong
Source：http://paper.people.com.cn/rmrb/html/
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