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Anonymous complaints are generally ineffective and can be sued, which can be resolved through civil litigation. If the noise of others interferes with normal rest and has an impact on life, psychology and body, it is a civil tort. Civil liability can be borne in the form of a formal apology, cessation of infringement, restitution to the original state, compensation for losses, etc., and may be sued, please stop the infringement, restore the original state, and make a formal apology.
Legal analysis
First of all, as a noise harasser, you should know that there are relevant regulations on the noise decibel limit, and the relevant regulations stipulate the maximum limit of environmental noise in five types of urban areas. The standard applies to urban areas. Rural living areas can be implemented with reference to this standard.
For example, residential areas do not exceed 55 decibels during the day and 45 decibels at night. If the neighbor's ** night is greater than 45 decibels, you can ask the other party to lower ** at this time, and you can also call the police, but it is recommended to solve it in the following ways: negotiated settlement, including self-determination and reconciliation.
It refers to the fact that the subject of the dispute relies on its own strength to resolve the dispute in order to protect its own rights and interests. Self-determination refers to the fact that one party to the subject of a dispute uses its own strength to make the other party subordinate. Reconciliation refers to mutual compromises and concessions between the two parties.
What both have in common is that they both rely on their own power to resolve disputes, without the involvement of a third party and without being bound by any norms. If the neighbor makes noise and affects his or her own life, although you can call the police at this time, in fact, the police cannot guarantee that you will be able to deal with this kind of neighborhood relationship, so in the face of the neighbor's frequent noise-making behavior, you can directly write a civil complaint and sue the neighbor in court.
Legal basis
Public Security Administration Punishment Law of the People's Republic of China》 Article 58 Whoever violates the laws and regulations on the prevention and control of noise pollution in social life by creating noise that interferes with the normal life of others shall be given a warning; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.
Article 287 of the Civil Code of the People's Republic of China The owner has the right to request the construction unit, property management service enterprise or other managers and other owners to bear civil liability for the infringement of their lawful rights and interests.
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Hello, regarding the problem of large cars disturbing people, you can file a ** complaint with the local Comprehensive Law Enforcement Bureau and ask for a receipt to you, thank you.
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How can I complain anonymously about the big car disturbing the people in the village?
If they don't care, you can continue to report, now it is generally real-name reporting.
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At present, the general department does not accept anonymous complaints and reports, and all of them are real-name systems, so as to avoid unreasonable troubles and false accusations.
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Hit the mayor ** reaction, or hit the news ** reaction.
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There are many villages where you can walk to the car, and there are isolation piers.
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We are Chagou Village, Zhongyang County, the roads are not repaired, and the big cars run every day, so we basically don't have to sleep at night.
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Legal analysis: Between 10 p.m. and 6 a.m., it can be considered a nuisance, you can call the police to deal with it, and then the police will detect whether there is really a nuisance situation, and if so, they will be allowed to correct it.
Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution Article 60 Whoever violates the provisions of the first paragraph of Article 44 of this Law and causes environmental noise pollution, shall be ordered to make corrections by the public security organ and may be fined concurrently. Where the people's departments at or above the provincial level decide in accordance with law that the competent departments for ecology and the environment of local people's governments at or above the county level shall exercise the administrative punishment powers provided for in the preceding paragraph, follow their decisions.
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The noise of large trucks disturbing the people is under the control of the police and the competent department of ecology and environment. According to the relevant regulations, if the noise interferes with the normal life of others, it can be given a warning, and if it is still not corrected after the warning, the wild code will be fined. If the loss is caused by this, the loss shall be compensated according to law.
Public Security Administration Punishment Law of the People's Republic of China》 Article 58 Whoever violates the laws and regulations on the prevention and control of noise pollution in social life by creating 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. Article 61 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution: Units and individuals who are harmed by environmental noise pollution have the right to request the perpetrator to eliminate the harm; where losses are caused, compensation shall be made in accordance with law. Disputes over liability and the amount of compensation may be mediated by the competent department of ecology and environment or other supervision and management departments and institutions for the prevention and control of environmental noise pollution according to the request of the parties; If mediation fails, the parties may file a lawsuit in the people's court.
The parties may also file a lawsuit directly with the people's court.
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Legal analysis: If the complaint is true, the department shall order corrections and may impose a fine. The night measurement of the first-class living area is more than 50 decibels, and the night measurement of the second-class living area is more than 65 decibels, as long as it exceeds 22 o'clock in the evening or until 6 o'clock in the morning of the next day, it is disturbing the people, which belongs to noise pollution.
Legal basis: Law of the People's Republic of China on Public Security Administration Penalties Article 58 Whoever 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 fined not less than 200 yuan but not more than 500 yuan if he fails to make corrections after being given a warning.
It is okay to complain to the Industrial and Commercial Bureau or the Work Safety Supervision Bureau.
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