Neighbors broadcast the recording of "Wild Mountains and Wild Ghosts", the court ordered an "order" to stop
During the epidemic prevention and control period, I study and work at home, but I am troubled by noise. How can the law press the "mute button"?
On June 5, 2022, the Law of the People's Republic of China on the Prevention and Control of Noise Pollution came into effect, providing legal compliance for solving noise disturbance and preventing noise pollution.
The first paragraph of Article 86 stipulates: "Units and individuals affected by noise have the right to require the infringer to bear civil liability in accordance with the law."
On January 1, 2022, the "Several Provisions of the Supreme People's Court on the Application of Injunction Preservation Measures in Ecological Environment Infringement Cases" (hereinafter referred to as the Judicial Interpretation of Environmental Injunctions) was officially implemented.
According to the judicial interpretation, in the case of noise pollution disputes, in addition to pre-litigation mediation and case trial, the people's court can also issue an injunction based on the applicant's application before or during the litigation to stop the ongoing noise pollution in a timely manner.
This means that in the face of noise pollution, people have one more legal weapon that they can raise.
In April this year, the Haizhu District People's Court of Guangzhou City, Guangdong Province issued the country's first "noise disturbing" pre-litigation injunction, which is the correct application of the judicial interpretation of the environmental injunction.
Since December 2018, Mr. Wang's family, who lives in Room 302 of a community in Haizhu District, has been hearing strange roars in the room, the content being "wild mountains and wild ghosts".
Affected by the new crown pneumonia epidemic, Mr. Wang's daughter is studying online at home, and the strange cries seriously affect the normal life of the family.
After Mr. Wang's understanding, it turned out to be the noise made by Mr. Li in Room 102.
After the communication failed, Mr. Wang submitted a pre-litigation "Injunction Application" to the Haizhu District People's Court on April 13, 2022, requesting the court to prohibit the respondent, Mr. Li, from making noises by making noises such as "wild mountains and wild ghosts".
According to the monitoring by the Haizhu District Ecological Environment Bureau, the sound was 36 decibels in house 302 and could be heard clearly, but it did not meet the noise limit of 60 decibels during the day and 50 decibels at night, and the relevant law enforcement agencies could not impose penalties.
The Haizhu District People's Court issued a pre-litigation injunction in accordance with the "Civil Procedure Law of the People's Republic of China" and the judicial interpretation of the environmental prohibition order, prohibiting the respondent from making noise and disturbing the people by playing the recordings of "wild mountains and wild ghosts".
"From the legal point of view, noise is generally judged from the following two aspects." The relevant person in charge of the Environmental Resources Division of the Supreme People's Court said, "First, whether it is generated in a specific field, that is, 'industrial production, construction, transportation and social life' Second, whether it has caused a certain impact, that is, 'interfering with the surrounding living environment'."
"For example, in this case, Mr. Wang found in his daily life that the living environment was affected by the noise of other people playing terrifying sounds, which was in line with a 'special field'. Although Mr. Li played the voice of 'wild mountains and wild ghosts', it was not aimed at Mr. Wang, but it objectively caused Wang The normal study and life of Mr. Li and his family have been seriously affected, which meets the standard of 'interfering with the surrounding living environment'." The person in charge said, "So the sound of Mr. Li playing 'wild mountains and wild ghosts' is noise."
"The issuance of the pre-litigation injunction shows a new solution to the noise pollution dispute, which has positive demonstration and guiding significance," said Hu Jing, a professor at the School of Civil, Commercial and Economic Law of China University of Political Science and Law.
Hu Jing said that in the case of noise disturbance, if it cannot be resolved through negotiation or coordination, there are two ways to remedy pollution victims. One is to order the perpetrator to stop noise generation or reduce noise through administrative organs, which is more convenient. , but the premise is that the noise emission exceeds the standard; the other is to file a civil lawsuit, but the disadvantage is that the procedure is complicated, it consumes the time and energy of the parties and more judicial resources.
The judicial interpretation of environmental injunction is an extension and development of the civil action preservation system, and the injunction preservation it provides provides a third remedy for victims of noise pollution.
According to incomplete statistics, after the implementation of the judicial interpretation, the courts of Sichuan, Guizhou, Henan, Beijing and other places have also made measures to protect ecological environment infringement injunctions. People's lives are closely related.
It is reported that after the implementation of the new noise pollution prevention and control law, the Supreme People's Court will carry out research work to understand new situations and problems encountered in practice, and issue relevant judicial policies or applicable rules in a timely manner.