"Excuse me, are you jumping rope upstairs? There is a sound of jumping up and down." "I'm sorry, the child is in the home gym class, and some movements are not well controlled. It's over." "Severely I want to go outdoors for sports, but now I work from home, which is very disturbed.” This is a conversation between a group of owners of a community in Beijing.
Due to the needs of epidemic prevention and control, many primary and secondary schools in Beijing have recently asked students to study at home, and enterprises and units have also asked employees to work from home.
During this period, the movement created by the children's home gym class will inevitably bring some trouble to the neighbors.
How to deal with neighbors in a special period?
How to define whether it is normal life sound or infringing disturbing noise?
Many people may have this question.
Reporter Observation: Neighbors are afraid of noise, parents will also pay attention
"You can work from home, you can take online classes at home, but why do you want to take physical education classes at home? The children upstairs shocked me in class."
"On the 15th day at home, on the working day, the building is chopping stuff... The students in the online class are jumping around because of the physical education class... What can office workers do?"
The reporter noticed that after taking classes and working at home, some netizens complained on the Internet that their own life and work were disturbed due to the various noises generated by neighbors at home. Among them, home physical education classes were mostly involved.
How are the children's home gym classes going?
Many parents have posted short videos of their children in class: some are doing the ninth set of radio gymnastics; some are like boxing, but they are playing crooked; some are more like the "Liu Genghong girl" who has been on fire recently 's dance.
The content is varied, including some jumping movements, and some of them are skipping rope in the living room.
However, the reporter noticed that in the video, the vast majority of parents will put their children on yoga mats, or let the children do it on the carpet.
Others will take off their shoes and hop on the ground wearing only socks.
It can be seen that the vast majority of parents are aware of taking measures to avoid disturbing the residents.
Neighborhood relations need to be carefully maintained during special times
Mr. Wu, who lives in Tongzhou, is a media practitioner and his son is 8 years old this year.
During the epidemic, after the school changed to home-based online classes, there were still two physical education classes to be held every day.
The morning is the class gym class, about 30 minutes; the afternoon is the whole grade gym class, about 40 minutes.
"Before the physical education class, you must do radio gymnastics first, and then you have to do sit-ups, high-leg raises, and fast running in place. After that, the teacher will leave the homework of skipping rope outdoors. You can also use it if you cannot go out due to the closure of the community. Sit-ups, planks instead.”
Because the family lives on the first floor and has a small courtyard, for Mr. Wu, children do not have to worry about disturbing the public in physical education class. "However, the teacher will remind everyone before each class to ask everyone to prepare yoga mats or floor mats."
However, according to Mr. Wu's observation of his son's class, some movements such as high leg raising, fast running in place, etc. are indeed a bit louder, "Especially children, they can't control the severity. If they live upstairs, the neighbors may be a little bit more. I can't stand it."
In Mr. Wu's view, during such a special period, children are taking online classes at home and adults are working from home. When everyone is at home, the relationship between neighbors becomes more "subtle".
"In normal times, it may be okay for the occasional ball to fall to the ground to be a little louder, but this time the conflict may be magnified, especially between families with children and those without children."
Mr. Wu said that his children are more playful and active at this age, and their outdoor activities are limited, and the children will be uncomfortable. It is indeed necessary to arrange proper physical exercise by the school.
But for families with no children or elderly people, you definitely want to be quiet.
"With different needs, conflicts will arise. We can only understand each other more and be more considerate. But generally speaking, families with children should pay more attention, parents should guide and restrain children's behavior more, and try not to cause too much damage to neighbors. troubles." Mr. Wu said.
Schools can give parents one more choice
Ms. Yao lives in Fengtai, and her two daughters both go to primary school in Dongcheng.
The eldest daughter is in the fifth grade and the youngest is in the first grade.
Due to the epidemic, a few days before the "May 1st" holiday, both children received a notice from the school to start online classes at home.
In addition to Chinese, mathematics, English, calligraphy, music, physical education, science and other courses have not stopped, and there are even exercises between classes.
On May 13, Ms. Yao's unit responded to the government's call to let everyone work from home.
On this day, she saw how her daughters teach physical education at home: "A 40-minute class, they listen to the teacher's commands and perform actions on the screen, and the teacher can see the situation of all the children on the other end."
Ms. Yao said that some movements in the home gym class look a bit like the Keep training for adults. There are some ground movements such as sit-ups, but there are inevitably some jumping and moving movements.
"My two children have to dance twice a day. Fortunately, no neighbors have approached me so far. I am very grateful to these neighbors, they are very tolerant." Ms. Yao said.
However, Ms. Yao couldn't help thinking after seeing her daughters in physical education class: "There is really not enough space for exercise at home, after all, it is indoors. In addition to affecting neighbors, some furniture, furnishings and ground conditions will also restrain children. I’m also worried about collisions.” Ms. Yao plans to take the computer outdoors when the weather is good, and let the children play sports in the garden downstairs.
"Actually, schools can give parents more choices. For example, for families who have the conditions to go outdoor sports, teachers can assign tasks to children, and let parents take their children to complete physical education courses outdoors every day according to their own schedule. This not only It can reduce the impact on the neighbors and also allow the children to get enough exercise.”
How to define the normal sound of life or the disturbing noise?
In life, due to differences in personal physique, living habits and other factors, different people have different degrees of acceptance of sound.
Some people have a high tolerance, and feel that it is normal for some movement upstairs and downstairs during the day, as long as it is not during the rest time of everyone, and it is not excessive.
However, some people have low tolerance, and they may not accept a little noise from their neighbors, thinking that it is noise disturbing the people.
Judge Hu Zhenxiao of Beijing Chaoyang Court told reporters that there is a concept of noise pollution in the law. Whether it constitutes noise pollution and reaches the level of adjacent pollution damage does not depend on personal feelings, but has objective judgment standards.
"In the words of ordinary people, it is to see whether the behavior is 'excessive'." How to define "excessive", two conditions must be met at the same time, one is exceeding the environmental noise emission standards stipulated by the state, and the other is interfering with the normal life and work of others. and learning.
"The requirements for sound decibels in ordinary residential buildings are clearly stipulated in my country's "Environmental Noise Standards for Urban Areas", which should not exceed 55 decibels during the day and 45 decibels at night (22:00 to 6:00 the next day)." Hu Zhenxiao said, whether it exceeds The decibel value can generally be proved by means of identification.
However, even if it exceeds the specified decibel value, it does not necessarily constitute an infringement. It also depends on whether the noise is enough to interfere with the normal life, work and study of others.
The judgment standard for this item should not be based on some special individuals, but should be judged according to the feelings of most people and judged by the standard of rational people whether it exceeds the tolerable range and degree.
Hu Zhenxiao said that in judicial practice, the size of the sound, the frequency of the sound, the type of exercise, the time of the exercise, the damage of the victim, the physical condition of the victim, the degree of fault of the aggressor, and the actions made against the sound will be considered. Deduction measures, etc., and make comprehensive judgments in combination with special needs in special periods such as the epidemic.
In Hu Zhenxiao's view, if children take physical education classes at home, if they avoid everyone's rest time, and a class lasts about 40 minutes, some non-sustained movement sounds will be produced. Does not constitute noise pollution.
"Except for some sports that are too loud or high frequency, such as continuous high-frequency racquetball, etc., and the impact on the downstairs residents exceeds the general tolerance limit, it may constitute a noise pollution violation and need to bear certain civil liability. Such as compensation, apology, etc. Whether other life sounds are noise pollution is also judged in the same way." Hu Zhenxiao further explained.
Reasonable sound of life Neighbors have a duty of tolerance
The residents of the building all live together, and the neighbors have a certain degree of obligation to tolerate the reasonable noise generated by daily life.
Chen Jinhong, deputy head of the Civil Trial Division of the Chaoyang Court, said that there are some special individuals in real life who may be different from ordinary people due to their own physical, psychological reasons or work and rest habits, and are more sensitive to voices and have lower tolerance than ordinary people.
"Because tolerance is judged by the cognitive standards of ordinary people or common people, when the sound does not exceed the tolerance limit of ordinary people, these people with special needs can use communication methods to negotiate problems, but cannot force neighbors to follow their own special needs arrangements.”
Chen Jinhong said that when the above situation occurs, both neighbors should properly handle the neighbor relationship based on the principles of convenience, solidarity and mutual assistance, fairness and reasonableness.
For example, the party who is more sensitive to sound can reduce the interference of external sound to itself by installing physical sound insulation equipment.
As a neighbor, after learning that the other party's situation is special, you should also pay attention to controlling the sound within a reasonable range.
Relevant precedents: whoever advocates the principle of proof
Hu Zhenxiao cited two cases: one occurred during the epidemic in 2020. The two little grandsons of Li, a resident of a community in Beijing, would stomp the floor or make sudden loud noises from time to time.
The downstairs neighbor Zhang repeatedly reported and called the police.
Lee later purchased cushions and thin blankets, moved the children's toys to the bed, and at-home gym classes were canceled.
During the trial, Lee apologized in court.
Zhang submitted medical records, saying that he had sleep disorders, anxiety, arrhythmia, dizziness, mental disorders, etc.
The court reviewed that the evidence submitted by Zhang could prove that the noise upstairs had infringed on his peace of life, taking into account factors such as Li's fault, the duration of the noise, Zhang's special physical condition, and Li's preventive measures after the incident. , and comprehensively judged that Li should pay Zhang 2,000 yuan of consolation money for mental damage.
In another case, Zhong claimed that the neighbor Zhang used the piano for a long time in the house, and the noise seriously affected his life and body.
Zhang said that he had already controlled the volume and installed a soundproof table when he was using a musical instrument or doing activities at home.
In this case, although Zhong provided WeChat chat records and medical records to show that he was affected, but because Zhong gave up the identification, the evidence was insufficient to prove that the sound produced by Zhang reached the noise standard and caused damage to Zhong, and the court ruled to reject it. Zhong's claim.
Judge reminds: Neighbors should take more care and communicate more when there is something
During the special period of the epidemic, as a neighbor, you should respect your child's need to exercise moderately while at home, and properly handle neighbor disputes in line with the principle of maintaining neighbor relations.
As a parent of a child, you should also pay attention to choosing a reasonable time, a reasonable sports content, and an appropriate way to reduce the impact on your neighbors.
For example, parents can say hello to neighbors in advance; they should try to avoid rest time when exercising; when they need to jump, run, etc., try to reduce noise through auxiliary items such as yoga mats or other effective measures, and avoid some high-frequency, high-frequency Intensity of exercise.
As a school teacher, you should also fully consider the conditions at home and arrange your children's class time and sports content reasonably.
Parents can be given some flexible choices, so that parents can reasonably arrange their children's sports content according to the actual situation of the family.
Reporter Zhang Lei