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1. Upstairs disturbing the people: you have the right to stop, demand an apology, and also have the right to demand compensation, and also have the right to report to the public security or property department, urban management or environmental protection department; However, it is necessary to stop the other party's disturbing behavior while it is in progress.
2. "May I ask how my behavior should be counted in the law": You kicked someone's door at 1 o'clock in the middle of the night, cursed, and hit the door with a knife: if it is light, it is also a disturbance to the people, and if it is serious, there is a suspicion of intentionally destroying people's property or other suspicions;
3. "What should I do if they want to blackmail me?" ”:
1) If you are indeed sick, if you are indeed sick because of your behavior: it is recommended that you negotiate a settlement and properly compensate for the medical expenses, if they want to slander people, you can ask them for a bill for medical expenses, and give it according to the bill; Compensation can be accompanied by a request for a reduction because your family has also been harmed by their disturbing behavior.
Refusal to compensate: As long as people have evidence to prove that they did not disturb the people at 1 o'clock in the evening, but you kicked the door in the middle of the night and stabbed the door with a knife, you will definitely lose the lawsuit and have to bear a legal fee.
2) If the other party does not have evidence that your old man's illness is that you kicked the door at 1 o'clock in the middle of the night, or the negotiation of compensation fails: you can not compensate and let them go to the court to sue for settlement.
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It depends on whose door you're kicking into?
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Legal analysis: If the behavior upstairs disturbs your life, you can report it to the property management, or report it to the police, or sue to remove the nuisance. Kicking in the door is illegal, but it's okay to go to a peaceful negotiation.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally damages public or private property is to be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
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Legal analysis: If the neighbor disturbs the people, it can be handled through 110 police or mediation by the competent department or agency; If mediation fails, the parties may directly file a lawsuit with the people's court.
Legal basis: "Public Security Administration Law of the People's Republic of China" Article 58 Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life and creates noise to interfere with the normal life of others shall be given a warning; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.
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If the neighbor disturbs the people, it can be handled through 110 police or mediation by the competent department or agency; Kicking the door is illegal, but it can be mediated peacefully, and if mediation fails, the parties can directly file a lawsuit with the people's court. After receiving the police, the police will first come to the door to understand the situation, explain the relevant factors to the other party, do a good job of targeted work, and generally solve the problem on the spot.
1. The ways to deal with neighbor noise disturbance are:
1. Noise in the neighborhood and between floors.
This type of police situation is relatively easy to deal with. After receiving the police, the police will first come to the door to understand the situation, explain the relevant factors to the other party, do a good job of targeted work, and generally solve the problem on the spot. Of course, there are some unavoidable noises caused by different living schedules, such as some people working night shifts and resting at home during the day.
In this case, the police can give some good advice to the parties in the process of handling the police, such as wrapping the legs of the stool with cloth, wearing soft-soled shoes as little as possible when returning home late at night, and honking the horn as little as possible when driving back to the community.
2. Noise caused by decoration and decoration construction disturbs the people.
After receiving such an alarm, the police come to understand the situation, if the construction is carried out on a normal working day, you can explain the situation to the police, please ask the policeman to overcome the difficulties, and the construction can be solved after the completion of the construction; If the construction party is working during the rest time, the police can ask the construction party to adjust the construction time, filial piety and inform the policeman of the disposal.
At the same time, if the conditions of the construction unit allow, it can be equipped with some simple sound insulation measures to minimize the generation of noise.
3. Noise caused by barking at night, especially dogs, disturbs the people.
The police should first find the owner of the animal, inform the owner of the situation, ask him to take care of his animal, and try not to disturb the normal rest of others at night. If it is an unattended animal, you can contact the relevant authorities and ask them to deal with it and inform the person who reported the results.
2. Criteria for urban noise disturbance:
The disturbance is between 22 p.m. and 6 a.m.
1. The first-class living area is measured at night from more than 50 decibels, and the second-class living area is measured at night at more than 65 decibels, as long as it exceeds 9 or 10 o'clock in the evening, it is disturbing the people, which belongs to noise pollution. If there are hundreds of acts within these categories, it is a nuisance to the people.
2. The decoration time in the community is from 12 o'clock to 14 o'clock and from 19 o'clock to 7 o'clock the next day to not disturb the people. The time set by each province is different, but it is much the same, and the operation during the normal rest time of the residents is considered a nuisance. The allowable decoration time is concentrated from 7 a.m. to 12 p.m. and from 2 p.m. to 7 p.m.
3. From 11 p.m. to 7 a.m. the next day, if the decibel is higher than 80 decibels, it is a disturbance. Judging by the loudness of the sound, if the noise level is reached, an alarm can be called.
Legal basis: Law of the People's Republic of China on the Administration of Public Security
Article 58.
Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise that interferes with the normal life of others shall be given a warning; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.
Law on the Prevention and Control of Environmental Noise Pollution
Article 63.
Nighttime"Refers to the period between 22 p.m. and 6 a.m.
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Legal analysis: If the neighbors are wide and disturb the people, they can be reported to the police through 110 or mediated by the competent departments and institutions. If mediation fails, the parties may directly file a lawsuit with the people's court.
Legal basis: Law of the People's Republic of China on the Administration of Public Security Article 58 Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by creating noise to interfere with the normal life of others shall be given a warning; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.
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Legal Analysis: If the behavior of the upstairs is disturbing your life, you can report it to the property management, or report it to the police, or sue to eliminate the nuisance. It is illegal to kick in the door, but it is okay to go to peace negotiations.
Legal basis: Law of the People's Republic of China on Public Security Administration Punishments Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally destroys public or private property is to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
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