What would happen if the parties say 'I want to be quiet' to the judge
2024-07-31
Judge Lu, it's great that you can come to the scene. "On a hot and humid summer afternoon, Judge Lu Ying from the Civil Trial Division of the First Intermediate People's Court of Shanghai came to the home of the party involved, Uncle Zhang. Uncle Zhang is a party involved in a tort liability dispute case presided over by Lu Ying. This on-site visit is to find a solution that can thoroughly solve the long-standing problem that has plagued Uncle Zhang. The community is filled with the chirping of birds and the fragrance of flowers. Uncle Zhang introduces Lu Ying and her group to the door with a buzzing elevator: "Judge Lu, our community has always been well maintained and is a very famous garden community nearby. But since Company A installed two new elevators, I can hear the buzzing sound in the living room. What's even more frightening is that the sound in the bedroom is more obvious at night, which really exhausts me both physically and mentally!" The renovation of old elevators was originally a good thing for the people, shouldn't it be improved more and better? Why has it become Uncle Zhang's heart disease that prevents him from resting at home? Lu Ying's heart was filled with doubts. Through careful communication with Uncle Zhang, Lu Ying learned that initially he complained to the property management after discovering the elevator noise problem. Later, the installation company A and the production company B carried out multiple optimization constructions on the elevator, and the noise emission situation was partially improved. But the elevator still keeps buzzing endlessly. The detection results of the district environmental monitoring station also showed that the low-frequency noise emissions exceeded the standard Uncle Zhang therefore sued to the court. Usually, in environmental infringement cases, cases involving nighttime construction noise, social life noise, and transportation noise are not uncommon. Generally, the noise is too high and affects the normal life of ordinary people. However, while browsing through the materials of Uncle Zhang's case, the words "low-frequency noise" made Lu Ying vaguely speculate that this case may be a bit different. Compared to ordinary noise, low-frequency noise that doesn't sound too high may actually be more likely to cause functional and psychological damage to the human body. At the same time, the case also made Lu Ying realize that as a judge, she needs to be extremely cautious. How to protect the rights and interests of residents if multiple on-site rectification attempts have not been successful? In order to more accurately restore the truth and safeguard the legitimate rights and interests of equal civil subjects, Lu Ying also invited representatives from Company A and Company B to the scene during the visit. While fully listening to the opinions of both parties, let's conduct a field investigation together to understand the low-frequency noise problem that is troubling Uncle Zhang in the elevator. I am already suffering from neurasthenia, headaches, and insomnia! Over the years, although you have come to fix and adjust the noise a bit, it still affects my physical and mental health. Judge Lu, please help me quickly Uncle Zhang is emotionally agitated. Uncle Zhang, we understand what you mean. Please calm down first and let's hear their opinions Lu Ying patiently comforted Uncle Zhang to stabilize his emotions and further understand the situation. After listening to Uncle Zhang's speech, Manager Li of Company A quickly said, "Elevators inevitably produce certain noises during normal operation, which cannot be controlled or completely eliminated by humans." "Yes, yes," Manager Wang of Company B immediately said, "The elevators we produce fully comply with relevant standards and have passed professional inspections." So where is the crux of the matter? Is there a factual causal relationship between elevator installation and maintenance behavior and excessive noise? Can it be determined that it is the responsibility of Company A and Company B? Carefully writing the judgment, answering questions and providing suggestions after the judgment. After the on-site visit, Lu Ying and the members of the collegiate bench had a thorough discussion, reviewed and sorted out relevant cases in recent years, and commissioned a professional appraisal agency to identify the cause of elevator noise. Slowly, we finally figured out professional terms such as' structural propagation of fixed equipment indoor noise ',' elevator traction machine ',' elevator guide shoe ', etc Recalling the scene at that time, Lu Ying still remembers it vividly. The appraisal conclusion shows that the noise problem is indeed caused by inadequate installation and operation maintenance. The collegiate bench combined the appraisal conclusions of professional institutions with the results of optimized construction, and after repeated analysis and judgment, made a clear judgment on the causal relationship of the case. At this point, the collegiate bench has reached a unanimous opinion that Company A and Company B should bear their respective compensation responsibilities based on the causal force between the infringement and the consequences of the damage. After the judgment was issued and served, Lu Ying took the initiative to contact the two companies to further explain and analyze the situation; On the other hand, it is suggested that they optimize the construction process and establish and practice the business philosophy of honesty and integrity. To Lu Ying's relief, she soon received a call from Uncle Zhang: "Judge Lu, the buzzing sound has decreased a lot, and I can no longer hear it when sleeping in the bedroom at night! I can finally sleep well, thank you for upholding justice!" "We are settled in a human environment without the noise of cars and horses. We hope that through our efforts, we can protect a peaceful place for the people." When it comes to handling this case, Lu Ying said that the people's longing for a better life and their expectations for improving their quality of life are closely related to a peaceful living environment. In the face of low-frequency noise pollution cases in residential areas, the most important thing is to always keep "no small matter in people's lives" in mind, try to restore the truth as much as possible, and make the greatest effort to make fair judgments. (New Society)
Edit：Lubaikang Responsible editor：Chenze
Source：rmfyb.chinacourt.org
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