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Civil law: the definition of disturbing people
Environmental noise pollution refers to the phenomenon that the environmental noise generated exceeds the national environmental noise emission standard and interferes with the normal life, work and study of others.
Article 61 of the Law of People's Republic of China (PRC) 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 injurer to eliminate the harm; If losses are caused, compensation shall be made according to law. ?
Disputes over the liability for compensation and the amount of compensation may be settled through mediation by the competent administrative department of environmental protection or other supervisory and administrative departments and institutions for the prevention and control of environmental noise pollution at the request of the parties concerned.
If mediation fails, the parties may bring a lawsuit to the people's court. The parties may also directly bring a suit in a people's court. ?
If the noise disturbs people, you can complain to the environmental protection department. According to Article 10 of the Environmental Protection Law: "The competent department of environmental protection in the State Council implements unified supervision and management of environmental protection work throughout the country; The competent department of environmental protection of the local people's governments at or above the county level shall exercise unified supervision and management over the environmental protection work in their respective administrative areas. "
After receiving the complaint, the environmental protection department will monitor the noise pollution source. If the noise exceeds the specified decibel, the environmental protection department should take measures such as construction within a time limit, rectification within a time limit, shutdown and fines.
According to Article 59 of the Law: "Enterprises, institutions and other producers and operators who discharge pollutants illegally shall be fined, ordered to make corrections, and if they refuse to make corrections, the administrative organ that has made the punishment decision according to law may continue to impose penalties on the original amount on a daily basis from the day after the date of ordering corrections." Until it meets the governance requirements.
Extended data:
The standard values of five types of urban environmental noise are as follows:
Day and night classification
Level 0, 50 decibels, 40 decibels
1 class 55db 45db
Level 2 60 dB 50 dB
Level 3, 65 decibels, 55 decibels
Category 4: 70 dB and 55 dB
Scope of application of various standards:
(1) Level 0 standard is applicable to areas that need to be quiet, such as convalescent areas, senior villa areas and senior hotel areas. Located in the suburbs and rural areas, such areas shall be implemented according to the standard of 5 decibels stricter than Class 0.
(2) The1class standard is applicable to areas with residential, cultural and educational institutions as the mainstay. Rural living environment can be implemented with reference to such standards.
(3) Level 2 standard is applicable to residential, commercial and industrial mixed areas.
(4) Level 3 standards are applicable to industrial zones.
(5) The four-level standard is applicable to the areas on both sides of urban road traffic trunk lines and the areas on both sides of inland waterways passing through urban areas. This kind of standard is also applicable to the limits of background noise (which refers to the noise level of outdated trains) on both sides of the main and secondary lines of railways passing through cities.
Baidu Encyclopedia-Noise Disturbs People
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