Legal provisions on noise nuisance, and legal provisions on noise nuisance

Noise is the sound that interferes with people's rest, study, and work.

1) Article 58 of the Law on the Prevention and Control of Environmental Noise Pollution stipulates that anyone who violates the provisions of this Law and commits any of the following acts shall be given a warning by the public security organ and may be fined concurrently:

1. Use loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas;

2. Violating the regulations of the local public security organs by organizing entertainment, assemblies and other activities in public places such as streets, squares, and parks in urban areas, and using audio equipment to produce excessive noise that interferes with the surrounding living environment;

3. Failing to take measures in accordance with the provisions of Articles 46 and 47 of this Law to emit environmental noise from the home room that seriously interferes with the lives of surrounding residents.

2) Article 61 of the Law on the Prevention and Control of Environmental Noise Pollution stipulates that 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 disturbance is between 22 p.m. and 6 a.m.

1. 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 9 o'clock or 10 o'clock in the evening, it is disturbing the people, which belongs to noise pollution. If there is an act within these categories, it is a nuisance.

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 varies, but it is much the same, and the operation of the residents during the normal rest time 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.

Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution

Article 41: "Noise from social life" as used in this Law refers to sounds generated by human activities that interfere with the surrounding living environment, except for industrial noise, construction noise, and traffic noise.

Article 42 In the area where noise-sensitive buildings are concentrated in urban areas, commercial enterprises that cause environmental noise pollution due to the use of fixed equipment in commercial business activities shall, in accordance with the provisions of the competent administrative department of environmental protection, declare to the local people's administrative department of environmental protection at or above the county level where they are located the status of the equipment that causes environmental noise pollution and the facilities for the prevention and control of environmental noise pollution.

Article 43 The boundary noise of newly built for-profit cultural and entertainment venues must comply with the environmental noise emission standards prescribed by the State; If it does not meet the environmental noise emission standards stipulated by the state, the cultural administrative department shall not issue a cultural business license, and the administrative department for industry and commerce shall not issue a business license.

The operators and managers of cultural and entertainment venues in operation must take effective measures to ensure that their boundary noise does not exceed the environmental noise emission standards stipulated by the state.

Article 44: It is forbidden to use loudspeakers or other methods that emit high noise to solicit customers in commercial activities.

Where air conditioners, cooling towers and other equipment and facilities that may produce environmental noise pollution are used in commercial business activities, their operators and managers shall take measures to ensure that their boundary noise does not exceed the environmental noise emission standards prescribed by the state.

Article 63: The following terms in this Law have the following meanings:

1) "Noise emission" refers to the radiation of noise from a noise source to the surrounding living environment.

2) "Noise-sensitive buildings" refer to buildings that need to be kept quiet, such as hospitals, schools, institutions, scientific research institutes, and residences.

3) "Areas with a concentration of noise-sensitive buildings" refer to medical areas, cultural, educational and scientific research areas, and areas dominated by institutions or residential buildings.

4) "Night" means the period between 22 p.m. and 6 a.m.

e) "Motor Vehicles" means automobiles and motorcycles.

Legal analysis: The state has divided the sound area, and nursing homes and other places belong to the class 0 sound environment functional area, which cannot exceed 50 decibels during the day and 40 decibels at night; Ordinary residential buildings belong to the Class 1 sound environment functional area, which cannot exceed 55 decibels during the day and 45 decibels at night. Therefore, if the decibel around the nursing home exceeds 50 decibels during the day, it is noise, and you can complain about its disturbance, and if the decibel exceeds 55 decibels in ordinary houses during the day, it is noise and can be complained.

Legal basis: Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments Article 58 Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise and interfering 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.

Legal Analysis:

The second paragraph of Article 2 of China's "Law on the Prevention and Control of Environmental Noise Pollution" stipulates that the term "environmental noise pollution" in this law refers to the phenomenon that the environmental noise generated exceeds the environmental noise emission standards stipulated by the state and interferes with the normal life, work and study of others. It can be seen that the definition of "environmental noise pollution" in this article includes two necessary elements: first, it must exceed the environmental noise emission standards stipulated by the state, and if it does not exceed the standard, it does not constitute "environmental noise pollution", and citizens' rights are not protected by the law even if they are infringed by such environmental noise; It is not "environmental noise pollution" if it interferes with the normal life, work and study of others, and exceeds the environmental noise emission standards stipulated by the state, but does not affect the normal life, work and study of others. Article 1229 of China's Civil Code stipulates that if the infringer causes damage to others due to environmental pollution or ecological damage, the infringer shall bear tort liability.

Legal basis: Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments Article 58 Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise and interfering 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.

Derivative question: What is the standard of compensation for long-term noise nuisance?

If there is noise in one's own community, which infringes on one's right to rest, the party concerned may file a complaint with the administrative organ, or may file a lawsuit with the people's court to demand compensation from the infringer. where noise is made to interfere with the normal life of others, a warning is given; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.

Legal basis: Article 2 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution The term "environmental noise" in this law refers to the sound generated in industrial production, building construction, transportation and social life that interferes with the surrounding living environment.

"Environmental noise pollution" as used in this Law refers to the phenomenon that the environmental noise generated exceeds the environmental noise emission standards prescribed by the state and interferes with the normal life, work and study of others.

1.The noise standard is divided into daytime (6-22 o'clock) and nighttime (22-6 o'clock), and the noise exceeds the emission standard and interferes with the normal life of others. Study, work, Qingqin people are all noise pollution.

Legal basis: "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution" Article 58 Anyone who violates the provisions of this Law by committing any of the following acts shall be given a warning by the public security organ and may be fined concurrently: (1) The use of loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas; (2) Violating the provisions of the local public security organs by organizing entertainment, gatherings, and other activities in public places such as streets, squares, and parks in urban areas, using audio equipment, and causing excessive noise that interferes with the surrounding living environment; (3) Failing to take measures in accordance with the provisions of articles 46 and 47 of this Law to emit environmental noise from the home room that seriously interferes with the lives of surrounding residents.