Which department to complain about, and which department to complain to

1. Which department to turn to for complaints about disturbances.

1. When disturbing the people, the public can complain to the local environmental protection department or, or contact the local city management department to negotiate and resolve, if the lawsuit is filed with the court, it is necessary for the relevant departments to make an appraisal of the "**" noise from the building, to prove that the noise does affect the normal life of the neighbors.

2. Legal basis: Article 286 of the Civil Code of the People's Republic of China.

The owner shall abide by the laws, regulations and management regulations, and the relevant behaviors shall comply with the requirements of resource conservation and ecological environment protection. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.

The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees.

Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.

Article 288.

The adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness.

Article 289:Where laws and regulations have provisions on the handling of adjacent relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed.

2. What are the penalties for noise nuisance?

The penalties for noise nuisance are as follows:

1. If the police are called, the police generally give a warning first and ask not to continue to disturb the people;

2. If they continue to disturb the people, the police may impose public security penalties on them according to the circumstances: a fine or administrative detention of up to 15 days;

3. If the order of social management is seriously disrupted, and the circumstances are serious, then it is suspected of a crime.

Noise nuisance should be complained to which department explained below:Noise disturbances are under the control of the local environmental protection department, or you can also call the police and contact the local city administration. where noise is made to interfere with the normal life of others, a warning is given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.

1. When residents complain about the surrounding noise, the complaint reception center of the city will transfer the complaints to the relevant competent departments according to their responsibilities according to the type of noise, and the relevant departments will investigate and deal with the noise according to their own job responsibilities.

2. If it is the noise emitted by the interior decoration activities, the loudspeaker in the square, the noise of the hawker, etc., it is mainly managed by the public security organ. If it is noise caused by social life such as air conditioners and restaurants, then it is mainly managed by urban management. If it is a noise generated by an industrial company, the Environmental Protection Bureau is the main person to manage it.

If the noise is caused by traffic such as roads, the Transportation Commission is the main person in charge of the noise.

Legal analysis: The noise belongs to the environmental protection bureau of the local administrative district, and you can call 12369 to complain. For social noise, you can directly dial 110 and find the Public Security Bureau.

Night markets and commercial noise should be found in the urban management bureau. Complaints** vary from place to place. Call 110 to call the police**, the police will give him a verbal warning, and if he refuses to listen, he can be fined or even detained by the public security administrative punishment regulations.

Legal basis: 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 require 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, at the request of the parties, be mediated and handled by the competent administrative department of environmental protection or other supervision and management departments and institutions for the prevention and control of environmental noise pollution; 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.

Legal analysis: the community disturbs the people can complain to the environmental protection department 12369 environmental **, and determine whether the daytime noise exceeds the standard through noise monitoring, and if it exceeds the standard, it will be corrected within a time limit, and it can be administratively punished if it still exceeds the standard after the deadline; If the standard is not exceeded, the environmental protection department shall take the lead, and the two parties shall negotiate the time and content of the commencement of construction.

Legal basis: The environmental noise limits and measurement methods of the five types of sound environment functional areas of the "Acoustic Environment Quality Standards" are applicable to the evaluation and management of sound environment quality.

Noise limits are specified:

Category: Day and Night.

Class 0: 50 dB, 40 dB.

Class 1: 55 dB, 45 dB.

Class 2: 60 dB, 50 dB.

Class 3: 65 dB, 55 dB.

Class 4: 70 dB, 55 dB.

The area where the various standards are applicable.

1) Category 0 standard is applicable to areas that need to be quiet such as recuperation areas, high-end villa areas, and high-end hotel areas. This type of area located in the suburbs and villages is strictly implemented at 5 decibels stricter than the 0 class standard.

2) Category 1 standards are applicable to areas dominated by residential, cultural and educational institutions. Rural living environments can refer to the implementation of such standards.

3) Category 2 standards are applicable to residential, commercial, and industrial mixed areas.

4) Category 3 standards apply to industrial zones.

5) Category 4 standards are applicable to the areas on both sides of the road traffic arteries in the city, and the areas on both sides of the inland waterway through the urban area. The same standard is also applied to the background noise (i.e., the noise level when the train does not pass) in the area on both sides of the main and secondary railway lines that pass through the urban area.

Legal Analysis: The complaint of noise nuisance in the neighborhood is to complain to the environmental protection department, and the noise standard in residential areas should be controlled between 45 decibels and 55 decibels. Property management enterprises shall stop the environmental noise pollution in the management area, and report to the supervision and management department of environmental noise pollution prevention and control in a timely manner.

Citizens can call 12369 to complain to the local environmental protection department, or contact the local city management department or 110 to negotiate a solution.

Legal basis: "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution" Article 6 The competent department of ecology and environment shall implement unified supervision and management of the prevention and control of environmental noise pollution nationwide. The competent departments of ecology and environment of the local people's governments at or above the county level shall implement unified supervision and management of the prevention and control of environmental noise pollution within their respective administrative areas.

Here's how to report a nuisance:

1. Mediation can be carried out through the neighborhood committee;

2. You can complain about noise pollution to the police station, urban management or environmental department;

3. File a lawsuit with the court;

4. If the noise meets the national legal standards, it can be reported to the environmental protection department;

5. People who are harmed by environmental noise pollution, who do not have good rest due to noise and cause serious mental damage, can claim compensation.

What are the criteria for noise nuisance:

1. Units and individuals who are harmed by environmental noise pollution have the right to request the perpetrator to eliminate the harm;

2. If losses are caused, the losses shall be compensated in accordance with the law, and the disputes over the liability and amount of compensation may be mediated and handled 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;

3. If the mediation fails, the parties may file a lawsuit with the people's court. The parties may also file a lawsuit directly with the people's court.

[Legal basis].Article 70 of the Law of the People's Republic of China on the Prevention and Control of Noise Pollution.

Grassroots mass autonomous organizations, owners' committees, and property service providers shall promptly dissuade and mediate the behavior of noise disturbance in social life in areas where noise-sensitive buildings are concentrated; If dissuasion or mediation fails, it may be reported or complained to the department responsible for the supervision and management of noise pollution prevention and control in social life or the department designated by the local people, and the department that receives the report or complaint shall handle it in accordance with law.

Different noises are managed by different departments.

Noise is basically divided into four categories: (1) industrial noise, which is under the jurisdiction of the Environmental Protection Bureau. (2) Construction noise shall be under the jurisdiction of the Environmental Protection Bureau.

3) Traffic noise refers to the fact that motor vehicles, railway locomotives, motor vessels, aircraft and other transportation are under the jurisdiction of public security and other industry departments by road motor vehicles. (4) Social life noise, in addition to industrial noise generated by human activities, can first be reflected to the property company, so that the property company can come forward to coordinate and solve, if the property company communication and coordination is fruitless, the owner can call 12369 to the environmental protection department to vote.

Legal Analysis: Different departments are managed for different noises.

Noise is basically divided into four categories: (1) Industrial noise, which refers to the sound that interferes with the surrounding living environment when using fixed equipment in industrial production activities, is under the jurisdiction of the Environmental Protection Bureau. (2) Construction noise refers to the sound generated during the construction process that interferes with the surrounding living environment, which is under the jurisdiction of the Environmental Protection Bureau.

3) Traffic noise refers to the sound of motor vehicles, railway locomotives, motor vessels, aircraft and other means of transport that interfere with the surrounding living environment during operation, and is under the jurisdiction of public security and other industry departments by road motor vehicles. (4) Noise from social life, sounds generated by human activities that interfere with the surrounding living environment other than industrial noise, construction noise and traffic noise, shall in principle belong to the public security organs, except for two exceptions: the normal noise of cultural and entertainment venues and commercial fixed equipment and facilities in operation.

If residents feel disturbed by noise pollution in the community, they can first report to the property management company and let the property management company come forward to coordinate and solve the problem, if the property management company communication and coordination fails, the owner can call 12369 by himself

12369 mainly deals with the problems of environmental pollution such as wastewater, waste gas, noise, and solid waste. When citizens find that there are such pollution incidents around them, they can call 110 City Linkage or 12369 Environmental Protection ** to complain.

12369 received more noise complaints, but there are many types of noise, which belong to different departments. When the public does not know which department should manage the noise, they can call 110 City Linkage, which will transfer the noise to the relevant departments according to the type of noise complaint.

Legal basis: In accordance with Article 83 of the Property Law of the People's Republic of China.

The owner shall comply with laws, regulations and management regulations. The general meeting of owners and the owners' committee have the right to require the person to stop the infringement, eliminate the danger, remove the nuisance and compensate for the losses in accordance with the laws, regulations and management regulations for acts that damage the legitimate rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees. Owners may file a lawsuit in the people's court in accordance with law for acts that infringe upon their lawful rights and interests.