Noise disturbs people's health, how can "quiet rights" be guaranteed?
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In recent years, cases of excessive retaliatory actions have occurred frequently due to unbearable noise and unsuccessful communication and negotiation.
The noise problem seems to be a small matter, but it is related to the physical and mental health of individuals and the harmony between neighbors and society.
How to protect "quiet rights" has become the focus of social concern.
Since this spring, affected by the epidemic, working from home and taking online classes have become the normal life of many residents.
In this context, noise distress is further highlighted.
How to protect "quiet rights" has become the focus of social concern.
Unreasonable handling, hurting others and hurting oneself
Because the anti-theft door was smashed by the neighbor Mr. Zhou who lived downstairs with a hammer, and his own anti-theft door and wooden door were also smashed with a hammer many times before, Mr. Sun sued Mr. Zhou to the court, demanding compensation from the other party The total loss of anti-theft doors and wooden doors is 4,000 yuan, and the compensation for spiritual losses is 10,000 yuan.
During the trial, Mr. Zhou admitted that he did smash the door of Mr. Sun's house, but the reason was that Mr. Sun often hit the ground with a hammer for reasons such as uneven ground and smashing walnuts, sometimes day and night.
Mr. Zhou tried to find Mr. Sun's theory many times, but the situation did not change. He broke the security door, wooden door and screen window of Mr. Sun's house many times out of anger.
After trial, the court held that Mr. Zhou smashed the security door and wooden door of Mr. Sun's house with a hammer, infringing on his property rights.
The court rejected Mr. Zhou's failure to submit evidence for Mr. Sun's making noises affecting his life.
In the end, Mr. Zhou was ordered to compensate Mr. Sun for a one-time compensation of 3,500 yuan for the property loss.
"If you encounter noise problems, you can report it to the supervision and management department of environmental noise pollution prevention and control, and keep relevant evidence of noise monitoring. If the two parties fail to mediate, they can sue in the people's court according to law. Do not act impulsively to avoid causing new disputes." Hu Meiqing, a judge of the Haidian District People's Court in Beijing, said.
The downstairs neighbor was unhappy and had a dispute with the father of the child because of the noise made by the child playing at home Guest; because he was woken up by the sound of the next door smashing the wall while sleeping at home, Yuan Mou, Fengyang, Anhui, and his neighbors couldn't make a theory, and in a fit of rage, he stabbed the other party into serious injuries... In recent years, because he could not bear the noise and communicated and negotiated to no avail, he carried out excessive retaliatory behavior cases occurred frequently.
The noise problem seems to be a small matter, but it is related to the physical and mental health of the individual and the harmony between neighbors and society. Using irrational methods to deal with it will not only harm others but also harm oneself.
Rights protection according to law, noise nuisance must be held accountable
The outdoor unit of the air conditioner installed in Mr. Qian's house is just above Ms. Zhao's house. Ms. Zhao believes that according to the design requirements of the community, the outdoor unit placement area is not a reserved location for design, and the noise generated during work seriously affects her life, especially when using the air conditioner at night. At the same time, he could not rest properly at all.
Ms. Zhao found the unit and the property company to communicate with Mr. Qian many times, but the other party was determined not to remove it, so she sued the court, requesting that Mr. Qian be ordered to remove the outdoor unit of the air conditioner and install it in the reserved designated area, and apologized.
During the trial, Mr. Qian felt that the location of his air conditioner was much higher than that of Ms. Zhao's roof, which had no effect on Ms. Zhao, and that the location of the outdoor unit of the air conditioner passed the inspection and acceptance, and Ms. Zhao had no right to forcibly designate the location of the outdoor unit of the air conditioner.
After the trial, the court held that Mr. Qian installed the outdoor unit of the air conditioner on the roof of Ms. Zhao's house near the upper edge of the window, and the noise generated by the air-conditioning operation hindered the normal life of Ms. Zhao's family.
Because Mr. Qian installed the outdoor unit of the air conditioner not intentionally to affect the normal life of Ms. Zhao's family, and Ms. Zhao does not have the responsibility of property management, she apologizes to Ms. Zhao and does not support the claim of installing the outdoor unit in the designated area. The final judgment was made by Mr. Qian to remove the installed outdoor unit of the air conditioner.
"Adjacent parties to real estate shall, in accordance with the principles of favorable production, convenience for living, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation, lighting, etc. If it causes obstruction to adjacent parties or If there is any loss, the infringement should be stopped, the obstruction should be removed, and the loss should be compensated." Hu Meiqing said.
Soon after Mr. Song renovated his house, Mr. Tian, a neighbor downstairs, was sent to the hospital by ambulance for "sudden chest pain".
Diagnosed by the hospital, Mr. Tian's condition was coronary heart disease, acute anterior myocardial infarction and so on.
Mr. Tian sued and demanded that Mr. Song compensate for the first aid expenses, hospitalization medical expenses, and compensation for mental damage, totaling more than 253,000 yuan.
During the trial, Mr. Song said that Mr. Tian fell ill after the decoration, and his condition had nothing to do with his own decoration.
In this regard, Mr. Tian applied for a judicial appraisal, and the appraisal opinion is that there is a certain causal relationship between Mr. Tian's sudden acute anterior myocardial infarction and the noise in the decoration environment of Mr. Song's house that day.
Regarding Mr. Song's objection that the decoration on the day of Mr. Tian's illness had been completed, the appraisal agency believed that the basis of the disease was related to Mr. Tian's own condition, but the onset of the disease had a cumulative process that took several days. Whether there was a decoration on that day did not affect the result of the forensic appraisal.
After trial, the court held that for Mr. Tian's reasonable economic losses caused by the noise of the decoration environment, Mr. Song should be liable for the corresponding compensation in proportion.
In the end, it was judged that Mr. Song should compensate the first aid fee, ambulance fee, and medical fee totaling more than 13,000 yuan.
The new law is implemented to protect the peace of the ear
On June 5, the Law of the People's Republic of China on the Prevention and Control of Noise Pollution, which was reviewed and passed at the end of last year, came into effect, and the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution was repealed at the same time.
"First of all, the most obvious change of the new noise law is to remove the word 'environment' in the name of the original law, redefine the connotation of noise pollution, and expand the scope of application of the law, which is conducive to solving some noise pollution behaviors in the current law. There are regulatory gaps in China," said lawyer Wang Yuqi, senior partner of Guangdong Guanghe (Changchun) Law Firm.
"These are all closely related to our lives. With this law, there is a legal basis for solving problems such as the loud dance music in the square that disturbs the people, the harsh sound of interior decoration, and the noise of neighbor pets in the middle of the night. The new law also proposes All units and individuals have the obligation to protect the acoustic environment, and at the same time have the right to obtain information on the acoustic environment, participate in and supervise the prevention and control of noise pollution. People, volunteers, etc. carry out publicity of laws, regulations and knowledge on noise pollution prevention and control, which is conducive to promoting the formation of a new pattern of pollution prevention and control with multiple co-governance." Wang Yuqi said.
As the public's attention to noise issues continues to deepen, in addition to the new noise law "growing teeth", according to the judicial interpretation of the environmental prohibition order previously issued by the Supreme Law, in noise pollution cases, the people's court can also be based on the applicant's pre-litigation Or an application in a lawsuit, issue a restraining order to stop the ongoing noise pollution in a timely manner.
In April this year, the Haizhu District People's Court of Guangzhou City issued the country's first pre-litigation prohibition order for noise disturbance, which effectively guaranteed the people's home study and life during the epidemic prevention and control period.