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This belongs to the category of adjacency, the real estate of your two families is adjacent, and he has the right to ask you not to interfere with his ownership of his own house, and the adjacency relationship should be handled in accordance with the principle of beneficial unity and beneficial life.
If the other party's family has a heart attack because of this, then it is completely possible to sue you through the power of the neighboring relationship, and the other party has reminded you that even if you are not malicious, then you need to bear a certain amount of legal responsibility to give the other party appropriate compensation, if it is malicious, then it may rise to the level of criminal law. Therefore, I advise you not to do this, the harmony between neighbors is the foundation, and the life at home is peaceful.
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If his mom is fine, then you're okay too.
But if his mother died of a heart attack, and there was a prior warning and your family made a noise as the trigger, but it was not intentional, then it is a civil dispute and you need to be subsidiarily liable for compensation.
If the act is intentional, you will be held primarily or wholly liable for the civil dispute, and the circumstances are very egregious and may be accompanied by criminal liability.
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To be honest, it's better for you to reconcile. I may not like you to say this, but everyone cares about their parents, and if you want to change to your mother and have a heart attack, you must be anxious too. So if you can't talk to him, I'm thinking of another way.
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Ask the other party to present evidence, and if there is evidence or police records, you can let him go to the court to sue. However, if the other party is malicious to find fault, you can sue him for defamation or defamation.
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Legal analysis: Yes, if the noise interferes with your normal life, you can call the police, you can apply to the people's mediation committee for mediation, or you can directly sue the court.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.
Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:
1) Major cases involving foreign interests, (2) Cases that have a major impact in the jurisdiction, and (3) Cases that the Supreme People's Court determines to have jurisdiction over the Intermediate People's Court.
Article 119:Prosecution must meet the following requirements:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case, (2) has a clear defendant, (3) has specific litigation claims, facts, and reasons, and (4) falls within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.
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Noise nuisance can go to court to sue, as follows:
1. A person who is harmed by environmental noise pollution, who does not have a good rest due to noise and causes serious mental damage, may file a lawsuit with the people's court;
2. Request compensation from the noise maker, but need to provide evidence to prove that the mental damage is related to the noise;
3. If the noise interferes with normal life, you can call the police, apply to the people's mediation committee for mediation, or directly sue the court.
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 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.
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Legal analysis: 1. First of all, it is necessary to confirm who the defendant is. 2. Secondly, you need to write a civil lawsuit, explain the facts and reasons, and the basis for you to ask the other party to compensate for losses.
3. After being ready, submit the complaint and evidence to the case filing division of the court. 4. When it is time, you should arrive at the court on time.
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.
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It is a ** harassment tort and can be sued. Demand for cessation of damages, formal apologies, compensation for losses, and at the same time can claim compensation for moral damages. After collecting relevant evidence, you can file a lawsuit with the court; A citizen's right to health is protected by law, and when a citizen's right to health is violated, the victim may be required to compensate for medical expenses and other expenses, or the victim may be required to give moral comfort.
Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts stipulates: "Where a natural person who has suffered an illegal infringement of his or her right to health files a lawsuit with the people's court requesting compensation for moral damages, the people's court shall accept it in accordance with law. "Article 8, paragraph 2, reads:
Where the infringement causes mental harm to a person and serious consequences are caused, the people's court may, in addition to ordering the infringer to bear civil liability such as stopping the infringement, restoring the reputation, eliminating the impact, and making a formal apology, may, at the request of the victim, order the infringer to compensate the corresponding solatium for moral damages.
Article 58 of the Law of the People's Republic of China on the Punishment of Public Security Administration: Where the law on the prevention and control of noise pollution in social life is violated and the 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.
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