The hustle and bustle of feasting brings people a lot of convenience, but it also has advantages and disadvantages. Of course, the noisier people do business downtown, the better the business. For some people who live in downtown areas and like quiet, the lights and noise at night will make them unable to sleep, which will affect their normal life the next day in the short term and their health in the long term.
What should I do if I am hurt by light pollution?
This happened in a residential area in Chongqing. Mr. Li bought a house in the urban area in 2005 and has lived there ever since. Later, Mr. Li's home was just across the street, and a bustling shopping plaza was built. For ordinary people, a shopping plaza has been built in front of their home, which is not only convenient for living and shopping, but also beneficial to the housing price of the community. But in 20 14, a huge LED advertising screen was installed on the external wall of Mr. Li's house, and various advertisements were continuously broadcast every day. At night,
20 14 other owners in the same community can't stand this kind of trouble, especially those with old people and children. They complained to the relevant departments many times that the LED screen of the shopping mall plays advertisements at night, producing strong light, which leads to the inability to sleep normally and affects normal life. I hope that the relevant departments will coordinate, and it is forbidden to play at night or all night in the square in the future. Even if it is played in a limited time, the brightness and volume should be lowered. But things have not been solved.
On 20 18, the owner of the residential area complained to the relevant departments that the LED advertising screen plays video advertisements every day, and the light is extremely strong and flashes frequently, which seriously affects the rest of the elderly and children. I hope that the relevant departments will rectify as soon as possible, but it still has no effect.
I was influenced by the advertising screen in the mall for a long time, but there was nothing I could do. Can I only endure it all the time? At the end of 20 18, Mr. Li sued the opposite shopping mall through legal means.
What is the law?
Is there any identification standard for light pollution? When Mr. Li sued, there was no standard for light pollution (and it can't be found now). What should I do?
The law stipulates the infringement of environmental pollution. Paragraph 1 of Article 42 of China's Environmental Law stipulates that enterprises, institutions and other producers and operators that discharge pollutants shall take measures to prevent and control the pollution and harm of waste gas, waste water, waste residue, medical waste, dust, malodorous gas, radioactive substances, noise, vibration, light radiation and electromagnetic radiation to the environment. Article 90 of the Property Law stipulates that the owner of real estate shall not abandon solid waste in violation of state regulations and discharge harmful substances such as air pollutants, water pollutants, noise, light and electromagnetic wave radiation. In addition, according to Article 65 of the Tort Liability Law: "If damage is caused by environmental pollution, the polluter shall bear the tort liability."
Get a solution through legal channels!
After on-site inspection, the strong light generated by LED screen is obviously beyond the range that the general public can bear. As far as the public's cognitive rules and personal feelings are concerned, this kind of strong light will seriously affect the normal work and study of people around, interfere with the normal life and rest of residents around, and constitute light pollution; Therefore, there is environmental pollution in shopping malls.
Since this LED advertising screen began to operate, Mr. Li often can't sleep well. The strong light produced by the defendant when using LED display screen has exceeded the capacity of ordinary people, and has affected the normal life and rest of the plaintiff and other residents next door. According to the rule of daily life experience, the light pollution caused by the defendant's operation of LED display screen will inevitably damage the physical and mental health of the plaintiff and others, which is also generally recognized by the public. Therefore, there is a direct causal relationship between the damage consequences of Mr. Li and the light pollution caused by the operation of the display screen.
According to Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Environmental Tort Liability Disputes: "The people's court shall reasonably determine that the polluter shall bear civil liabilities such as stopping the infringement, removing the obstruction, eliminating the danger, restoring to the original state, apologizing and compensating for the losses according to the request of the infringed person and the specific case." At present, although Mr. Li has no measurable damage consequences, he should bear corresponding civil liability even if there are unmeasurable consequences.
In the end, the LED advertising screens in shopping malls were limited in playing time and brightness, and these owners were finally not bothered by light pollution for a long time.
Is there light pollution around you?
Cities are getting brighter and brighter, and light pollution is becoming more and more common. It will directly affect people's normal work, life and rest, and also affect people's biological clock, thus endangering human health. The light pollution in most cities is as follows: reflective glass curtain walls in office buildings, high-power lighting in construction sites and squares at night, colorful neon lights and LED advertising screens at night. Is there any light pollution around you that affects you? Are you going to take action to protect your rights and interests?