It is reported that the Law on the Prevention and Control of Noise Pollution in People's Republic of China (PRC) has been implemented since June 5, 2022. The law clearly stipulates noise emission standards, prevention and control of noise pollution sources, and strengthening the disclosure of information on noise pollution prevention and control. How should citizens protect their rights when they encounter noise disturbing people in their daily lives? Han Rongjie, a lawyer of Shaanxi Yi Tu Law Firm, gave the answer.
First of all, we can use complaints to protect rights, but we should pay attention to different noise and complaint departments.
If it is social life such as decoration, animal calls, funerals, and shop promotion speakers, you can find property mediation, which is particularly useful for residents in the community. The property management company is responsible for maintaining the order of the community and orderly managing the community. If noise disturbs people, it must be reported to the property management company so that they can coordinate and solve it. If the property cannot be solved, you can call 12369 to complain to the local environmental protection department or contact the local urban management department or 1 10 to negotiate.
If it is construction noise, you can call the environmental protection hotline 12369. The competent unit of construction noise disturbing people is the Municipal Environmental Protection Bureau, and you can call the environmental protection hotline to reflect the situation.
If it is the traffic noise caused by the motor vehicle not honking the horn according to the regulations, you can directly call the complaint number of the traffic police department.
If it is industrial noise such as night construction, enterprise production and catering service industry. , call the complaint number of the Environmental Protection Bureau.
If the complaint can't solve the problem, you can bring a lawsuit to the court and ask the noise generator to make civil compensation.
But how to collect evidence before prosecution?
1. If it is necessary to obtain evidence by recording, it is recommended to entrust an appraisal institution with noise detection qualification to conduct noise appraisal.
2, can take the initiative to negotiate with the noise infringer, record the dialogue between the two sides in the negotiation process, and save the evidence that the other party admits to producing noise.
3. If the communication with the other party is fruitless, you can try to seek the property to intervene in the negotiation, and you can ask the property to issue relevant certificates.
4. If the victim is damaged by noise pollution, the detailed medical report diagnosed by the hospital can also be used as one of the evidences.
Of course, you can also call the police according to law. According to the Noise Law, those who violate the regulations to produce social life noise, continue to interfere with others' normal life, work and study after dissuasion, mediation and treatment, or commit other acts in violation of public order and social management shall be punished by public security organs according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.