Is it illegal to use a vibrator against the upstairs?

It is illegal to use such a device. Because the purpose of this kind of equipment is to make noise, even if it is wrong for neighbors to disturb people, it cannot be a legitimate reason for oneself to disturb people. Modern law does not support mutual revenge, and disturbing others should be stopped through legal channels. ”

2. There is no product approval and license for the production and circulation of this equipment, so it is illegal to sell this equipment. If the use of this product causes damage to the building or interferes with others, the user shall bear civil liability.

It is illegal to use a seismic device.

The arbitrary use of seismic equipment is suspected of violating the "Law on the Prevention and Control of Environmental Noise Pollution", the "Law on Public Security Administration Punishments" and the "Regulations on the Management of Seismic Fortification of Housing Construction Projects".

According to Article 58 of the "Public Security Administration Punishment Law", if the law on the prevention and control of noise pollution in social life is violated and noise is created to interfere with the normal life of others, a warning shall be given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.

Legal basis] Article 58 of the Law on Public Security Administration Punishments, violating the laws and regulations on the prevention and control of noise pollution in social life, 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.

Is the use of a "vibrator" reasonable? Is it possible to solve the problem at the root cause? Many members of the public have mixed opinions.

Because there are too many contradictions and troubles caused by the noise of the upper and lower levels. The seismic device allows the people upstairs to feel the trouble caused by noise. Mr. Chen, who has been bothered by noise for many years, said.

Ms. Li, a citizen, felt that neighbors still needed to communicate with each other before, "It is impossible to use the seismic device every day, and it is impossible to fundamentally solve the noise problem." ”

So is it legal to produce, sell, and use seismic devices? Huang Xiwen, a lawyer at Shandong Zhengdu Law Firm, said that the renovation, which is specially used to generate vibration and noise, has the possibility of destroying the safety of the floor slab, and the production and sales are suspected of violating the law.

If the building vibrator is used at the same time, it may be suspected of violating the "Public Security Administration Punishment Law" "Violating the laws and regulations on the prevention and control of noise pollution in social life, creating 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. ”

Reaching a certain decibel level is noise, and it is illegal for a neighbor to call the police.

The seismic device itself is not illegal, but if the installation of the seismic device affects the normal life of other neighbors around, it is a violation of public security administrative punishment and is illegal.

It is said that distant relatives are not as good as close neighbors, but there will be various conflicts between neighbors, especially in terms of noise. There may be a lot of conflicts between neighbors because of the noise. Therefore, if repeated persuasion continues, some neighbors may take some measures to curb this behavior, such as installing a seismic device.

After the installation of the vibrator, it may have some impact on the normal life of the surrounding neighbors. At this time, if someone reports it, the occupant who installed the seismic device may be punished and warned for violating the regulations of public security management. Therefore, if there is an impact on noise between neighbors, do not install a seismic device, and try to be considerate of each other and solve the noise problem, so as not to affect the harmony of the neighborhood, and everyone can get along more harmoniously.

Not illegal. If it affects your life, you can exercise the right to request removal of nuisance. Where the real right is obstructed or may be obstructed, the right holder may request that the obstruction be removed or the danger eliminated.

Civil Code of the People's Republic of China

Article 236:[Right to Request Removal of Obstruction]Where a real right is obstructed or may be obstructed, the right holder may request that the nuisance be removed or the danger eliminated.

Article 237:[Right to Request Restoration of Property Rights]Where immovable or movable property is damaged, the right holder may request repair, rework, replacement, or restoration in accordance with law.

A seismic device is a device that emits strong noise by sticking to the ceiling, and is a retaliatory measure taken by residents in response to the noise from the upper floors. However, the seismic device is indeed illegal, and the building seismic device itself does not have a production approval, which is illegal in itself, and the use of the seismic device itself also violates the noise management measures.

First, there is no such thing as a vibrating device in the product category, and there is no corresponding production specifications and standards, it is a name with a ridiculous taste given by netizens, and the product is also a modified device for the purpose of making noise, this product is an illegal product, but at present, its scope of influence is small, and it does not constitute real-time damage, so there are no regulations prohibiting it.

Second, the use of the vibrator is illegal, itself is to make noise, belongs to the violence of violence, and often affects the innocent, everyone may retaliate against each other, and eventually the grudge deepens, and there is no way to solve the problem. When you encounter a neighbor making noise, you should take the initiative to negotiate, ask the property and the neighborhood committee to intervene in mediation, or collect evidence to report the case.

A quiet living environment is a basic need, there are inevitably bumps between neighbors, now the city's high-rise buildings have exacerbated this contradiction, upstairs normal walking may affect the downstairs, first of all, they set an example not to become the object of resentment downstairs, for the noise upstairs, it is best to take the initiative to communicate, mutual understanding, is not good and it is not recommended to use the seismic device, you can seek help from the community and the police. When is the time for retribution, only the law is the right way to uphold justice and safeguard peace.

The "Noise Standards for Urban Areas" clearly stipulates the maximum limits of environmental noise in five types of urban areas:

1. Recuperation area, high-end villa area, high-end hotel area, 50 dB during the day and 40 dB at night;

2. In areas dominated by residential, cultural and educational institutions, 55 decibels during the day and 45 decibels at night;

3. Residential, commercial and industrial mixed areas, 60 dB during the day and 50 dB at night;

Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution》 Article 63 (1) "Noise emission" refers to the radiation of noise from noise sources 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) "Noise-sensitive building concentration area" refers to the medical area, cultural, educational and scientific research area, and the area dominated by institutions or residential buildings.

4) "Night" means the period between 22 p.m. and 6 a.m. (5) "Motor Vehicles" means automobiles and motorcycles.

It is illegal to use a seismic device to break the law, according to the relevant laws and regulations.

Legal analysisThe relevant laws and regulations to punish the violation of the laws and regulations on the prevention and control of noise pollution in social life, and the act of creating noise to interfere with the normal life of others shall meet two conditions at the same time: First, it violates the laws and regulations on the prevention and control of noise pollution in social life. Second, the noise is made that interferes with the normal life of others.

For the prevention and control of various noise pollution, the state has clear regulations. For example, there are strict regulations on noise emission standards, prevention and control measures, and compensation standards. The so-called noise refers to the sound generated in industrial production, building construction, transportation and social life that disturbs the surrounding living environment.

In other words, noise in a broad sense includes not only industrial noise, but also construction noise, traffic noise and living noise. The so-called "industrial noise" refers to the sound that interferes with the surrounding living environment when fixed equipment is used in industrial production activities. "Construction noise" refers to the sound generated during the construction process that interferes with the surrounding living environment.

"Traffic noise" refers to the sound generated by motor vehicles, railway locomotives, motor ships, aircraft and other means of transportation that interfere with the surrounding living environment during operation. "Social noise" refers to the sound generated by human activities that interferes with the surrounding living environment, except for industrial noise, construction noise and traffic noise. The "noise" punished in this article that creates noise and interferes with the normal life of others only refers to the noise of social life.

This article stipulates two levels of punishment for acts that make noise and interfere with the normal life of others: (1) warning. The harm of noise is different from other hazards to personal injury, and in some cases, as long as the infringement is stopped in time, the harmful consequences can be stopped.

2) Where corrections are not made after a warning, a fine of between 200 and 500 RMB is to be imposed. Those who do not heed the dissuasion, continue their illegal acts, and interfere with the normal lives of others, shall be fined between 200 and 500 RMB. It should be emphasized that the punishment provided for in this article is a public security administrative punishment, and for the act of causing noise to interfere with the normal life of others and violating the provisions of other national laws and regulations, and other administrative punishments shall be imposed in accordance with the provisions of other laws and regulations, and the standards of punishment shall be implemented in accordance with the standards determined by other laws and administrative regulations, and shall not conflict with the provisions of this article.

Legal basisPublic 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.

1. Is it illegal to use a seismic device?

1. It is illegal to use a seismic device. The vibrator will continue to vibrate when working, and after a long time, it is easy to cause damage to the building. The vibrator will also make a very loud noise when it is running, which will disturb the normal life and rest of the neighbors.

If the use of a seismic device causes damage to the building, or interferes with the normal life of other owners, the public security organ will give a warning, and if the warning is not corrected after the warning, a fine of about 200 yuan to 500 yuan will be imposed.

2. Legal basis: Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments.

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; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.

2. What is the decibel noise standard prescribed by law.

The noise standards set out by law are as follows:

1. For some sanatoriums, villas and high-end hotels, a relatively quiet environment is required, so they are generally built in rural or suburban areas. For such areas, it should not exceed 50 decibels during the day and 40 decibels at night;

2. If it is used for the office area of the area or government department where you live, it cannot exceed 55 decibels during the day and 45 decibels at night for such areas;

3. If it belongs to commercial areas, residential areas and industrial areas, it cannot exceed 60 decibels during the day and 50 decibels at night for such areas;

4. For the industrial area, the working environment is more complex and the pace is very fast, in this case, there is no need for a too quiet environment, so for this kind of area, it can not exceed 65 decibels during the day and 55 minutes at night;

5. If it is a road area belonging to urban traffic or a waterway area that passes through the urban area, it cannot exceed 70 decibels during the day and 55 decibels at night for such areas.

Legal analysis: the use of the vibrator is illegal, because the "vibrating device" is the use of high-frequency oscillation principle to create noise, such as the long-term use of this high-power machine to vibrate the wall, may cause damage to the high-rise building, affect the safety of residents in the building. From this point of view, the "building earthquake" will pose a threat to the personal safety and property safety of all residents in the building.

Legal basis: "Criminal Law of the People's Republic of China" Article 275: The crime of intentional destruction of property refers to acts that intentionally destroy or damage public or private property, where the amount is relatively large or there are other serious circumstances.

Whether it is illegal to use a seismic device depends on the specific situation.

It is not illegal to use a seismic device, but if the installation of a seismic device affects the normal life of other neighbors around it, it is a violation of public security administration punishment and is illegal. When using household appliances, musical instruments or other indoor recreational activities at home, the volume should be controlled or other effective measures should be taken to avoid causing environmental noise pollution to the surrounding residents. It is forbidden for any unit or individual to use loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas.

If the use of audio equipment may produce excessive noise that may interfere with the surrounding living environment, the regulations of the local public security organs must be complied with. Interior decoration activities in residential buildings that have been completed and delivered for use shall limit the operation time and take other effective measures to reduce and avoid environmental noise pollution to the surrounding residents.

Legal basis] Law of the People's Republic of China on Public Security Administration Punishments

Article 58: Where the law on the prevention and control of noise pollution in social life is violated by creating noise that interferes with the normal lives of others, a warning shall be given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.