New Noise Law Implements China's Supreme Law Innovation "Prohibition Order"

  China News Agency, Beijing, June 6 (Reporter Zhang Su) The Noise Pollution Prevention and Control Law has been officially implemented. The relevant person in charge of the Environmental Resources Tribunal of the Supreme People's Court of China introduced innovative judicial measures when answering reporters' questions on the 6th: the court can In the application before or during the lawsuit, a restraining order is issued to stop the noise pollution that is occurring in time.

  It is known that the "Several Provisions of the Supreme People's Court on the Application of Injunction and Preservation Measures in Eco-environmental Infringement Cases" was officially implemented in January this year.

In April, the country's first "noise disturbing" pre-litigation restraining order was issued by a Guangdong court.

  The case shows that Mr. Wang's family, who lives in a community in Guangzhou, has been hearing strange roars in the room since December 2018, and his normal life has been seriously affected.

After understanding, it turned out to be the noise made by the neighbor Mr. Li.

After the communication failed, Mr. Wang requested the court to prohibit the respondent, Mr. Li, from making noises in other ways, such as making the sounds of "wild mountains and wild ghosts".

  Hu Jing, a professor at the School of Civil, Commercial and Economic Law of China University of Political Science and Law, pointed out 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 generating noise through administrative organs. Or reduce noise, but the premise is that the noise emission exceeds the standard; the other is to file a civil lawsuit, the disadvantage is that the procedure is complicated, it consumes the time and energy of the parties and more judicial resources.

  Hu Jing further pointed out that the issuance of the above-mentioned pre-litigation injunction has demonstrated a new solution to the noise pollution dispute, which has positive demonstration and guiding significance.

  The relevant person in charge of the Supreme Court’s Environmental Protection Tribunal said that the judicial interpretation of environmental injunctions not only applies to pre-litigation injunctions like Mr. Acts that pollute the environment or destroy the ecology that have occurred or are about to occur.

  In addition to the noise field, the scope of application of the injunction covers ecological elements such as water and atmosphere, as well as natural resources such as forest land. For example, the Sichuan Giant Panda National Park Ecological Court of the Second Railway Transportation Court of Chengdu issued an injunction prohibiting an enterprise from discharging undesired emissions during the trial of the case. Contaminants that have been treated up to standard.

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