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The public security organs order it to stop, give it a warning, and may impose a fine.
Article 46 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution When using household appliances, musical instruments or other indoor entertainment activities at home, the volume shall be controlled or other effective measures shall be taken to avoid environmental noise pollution to the surrounding residents.
Article 47 Interior decoration activities in residential buildings that have been completed and put into use shall be limited in terms of operating hours, and other effective measures shall be taken to reduce and avoid environmental noise pollution to surrounding residents.
Article 58: Where the provisions of this Law are violated by any of the following conduct, the public security organs are to give warnings and may impose a concurrent fine:
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, and using audio equipment to produce excessive noise that interferes with the surrounding living environment;
3) Failure 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.
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In the face of noise disturbance behavior of neighbors, it is necessary to communicate in a friendly manner in line with "distant relatives are not as good as close neighbors", and if it is disturbed by noise pollution in the community, you can first report to the property management company and let the property management company come forward to coordinate and solve the problem. When effective communication is not possible, you can report the situation to the neighborhood committee, village committee, business committee, etc. in your community, or you can call 12345 citizens**. Noise disturbance is within the scope of public security management, and we should call 110 in time to request a solution.
If the problem cannot be resolved after the 110 police are dispatched, we can file a lawsuit with a court of competent jurisdiction, because the act of making noise is essentially an infringement, and we can file a lawsuit demanding that the other party immediately stop the infringement and compensate for the loss.
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Between 10 p.m. and 6 a.m., it is considered a nuisance to the people, and it can be dealt with by the police, and if it causes environmental noise pollution, the public security organ shall order it to make corrections and may impose a fine.
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Find a property or relevant department to deal with it.
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Legal analysisNoise in social life, such as motor vehicles that do not sound their horns in accordance with regulations, can choose to report to the public security organ for such noise, and the public security organ will give a warning and may impose a fine. Secondly, if it is the noise generated by night construction on the construction site, the production of enterprises and institutions, and the catering service industry, etc., you can complain to the environmental protection department, and the environmental protection department will complain and supervise it. Thirdly, if it is the noise made by the retail vendors, and some also use high-decibel horns for publicity and sales, they can complain to the urban management department, and the urban management department will supervise it.
Whether it is to report to the police or to the court, we must pay attention to evidence, and there are the following suggestions for the fixation of evidence: First.
1. Use more sensitive mobile phones and other tools to directly record noise. Clause.
2. Recording the negotiation process during the negotiation process (mainly recording the other party's admission to making noise). Clause.
3. Ask the property to issue a noise certificate from the other party.
Legal basisArticle 7 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution All units and individuals have the obligation to protect the sound environment, and have the right to report and accuse the units and individuals that cause environmental noise pollution.
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Legal analysis: According to the relevant national laws and regulations, it can be known that if it is noise of social life, you can choose to report to the public security organ for such noise, and the public security organ will give a warning and impose a fine. If the noise generated by the construction site at night, the production of enterprises and institutions, and the catering service industry, etc., can be complained to the environmental protection department.
Legal basis: Article 54 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise and Sound Pollution violates the provisions of Article 19 of this Law by carrying out activities that produce occasional strong noise without the approval of the local public security organ, and the public security organ shall give a warning or impose a fine according to different circumstances.
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Summary. When encountering neighbors disturbing people, they can be dealt with in the following ways: (1) Negotiation.
It is recommended to communicate directly with the neighbor who is disturbing the people in person, and tell them that they have interfered with their own lives; You can also write a note and stick it on the door of your neighbor's house. (2) If the neighbor does not listen to the advice, you can find the relevant personnel of the community property to report the situation and ask them to assist in dealing with it; (3) If the neighbor is seriously disturbing the people, and there is no result in communication and looking for the property, you can call the police to deal with it.
When encountering neighbors disturbing people, they can be dealt with in the following ways: (1) Negotiation. It is advisable to communicate directly with the neighbor who is disturbing the people in person, and tell them that they have interfered with their own lives; You can also write a note and stick it on the door of your neighbor's house.
2) If the neighbor does not listen to the advice, you can find the relevant personnel of the community property to reflect the situation and ask them to assist in dealing with it; (3) If the neighbor is seriously disturbing the people, and there is no result in communication and looking for the property, you can call the police to rush to the top of the house.
Legal basis: According to Article 58 of the "Law of the People's Republic of China on Pure Punishment of Public Security Managers", 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; If the police do not make corrections after making a complaint, they shall be fined not less than 200 yuan but not more than 500 yuan. The first potato ordered.
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How to deal with noise nuisance:
1. The noise of social life can be reported to the public security organ for processing, and the method for the public security organ to judge whether it is noise is between 45 decibels and 55 decibels in residential areas, which is equivalent to a volume that two people can hear clearly when talking in the room, and when it exceeds this volume, it can be regarded as noise disturbance. If the noise interferes with the normal life of others, a warning shall be given; if the warning is not corrected, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed;
2. The noise generated by night construction on the construction site, enterprise production, catering service industry, etc., can be complained to the environmental protection department.
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 6 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution shall be carried out by the competent administrative department of environmental protection for the prevention and control of environmental noise pollution nationwide. The local people's environmental protection administrative departments 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.
The competent departments of public security, transportation, railways, civil aviation and other departments at all levels and the port supervision department shall supervise and manage the prevention and control of noise pollution in transportation and social life according to their respective responsibilities.
Article 13 New construction, reconstruction, and expansion construction projects must comply with the provisions of the State on environmental protection managers of construction projects. If the construction project may produce environmental noise pollution, the construction unit must submit an environmental impact report, stipulate the prevention and control measures of environmental noise pollution, and report to the administrative department of environmental protection for approval in accordance with the procedures prescribed by the state. In the environmental impact report, the opinions of the unit and residents where the construction project is located shall be included.
Article 17 Enterprises and public institutions that cause serious environmental noise pollution in areas where noise-sensitive buildings are concentrated shall be rectified within a time limit.
Units that are subject to governance within a time limit must complete the governance tasks on time. The time limit for governance is to be decided by the people at or above the county level in accordance with the authority provided for by the people.
The time limit for the management of small enterprises and public institutions may be decided by the people at or above the county level within the scope of their authority authorized by the competent administrative department for environmental protection. Article 46: When using household appliances, musical instruments, or other household indoor entertainment activities, the volume shall be controlled or other effective measures shall be taken to avoid causing environmental noise pollution to the surrounding residents.
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Penalties for nuisance:
1. Where the circumstances are relatively minor, the police will generally give them a warning first and request that they not continue to disturb the people.
2. If they continue to disturb the people, the police may impose public security penalties on them, fines them or impose administrative detention for up to 15 days depending on the circumstances.
Legal basisArticle 58 of the Law 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.
Article 1165 of the Civil Code.
Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Article 166 of the 1,000th side.
Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions.
The noise of the factory disturbs the people, and the local people's environmental protection administrative department at or above the county level where the project is located is responsible. Noise nuisance is under the management of the environmental protection department. 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.
If it still cannot be resolved, it can only entrust a lawyer to sue, and Daqi Demolition demands that the infringement be stopped.
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Summary. Dear, I'm glad to answer for you; The ways to deal with neighbors disturbing the people are: (1) Negotiation and handling.
You can write a note and stick it on the door of your neighbor's house, telling them that you have interfered with your life, or you can directly negotiate with your neighbor in person. (2) If the neighbor does not listen to the advice, you can find the relevant personnel of the community property to report the situation and ask them to assist in dealing with it; (3) If the neighbor disturbs the people seriously and the above methods cannot solve the problem well, you can call the police to deal with it.
Dear, I'm glad to answer for you; The first ways to deal with neighbors disturbing the people are: (1) Negotiation and handling. You can write a note and stick it on the door of the neighbor's house, telling them that they have interfered with their lives, or you can directly and honestly negotiate with the neighbor who is disturbing the people; (2) If the neighbor does not listen to the advice, you can find the relevant personnel of the property in the small socks area to report the situation and ask them to assist in dealing with it; (3) If the neighbor disturbs the people seriously and the above methods cannot solve the problem well, you can call the police to deal with it.
Legal basis: Article 58 of the "Public Security Administration Punishment Law of the People's Republic of China" 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 shirt is not corrected after the warning, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed.
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