According to the "China Environmental Noise Pollution Prevention and Control Report 2021", complaints about noise in social life are the most reported. In recent years, disputes between owners of adjacent real estate and those with rights to use them due to infringement by immeas

Nowadays, modified cars are blowing up the streets, square dances are disturbing residents, and neighborhood disputes caused by dogs barking too loudly are increasing day by day. According to the "2021 China Environmental Noise Pollution Prevention and Control Report", social life noise has the most complaints and reports.

Noise pollution has become one of the world's public hazards. Since 2003, April 16th every year has been officially designated as " World Noise Day". In recent years, disputes between owners of adjacent real estate and those with rights to use them due to infringement by immeasurable objects such as noise have occurred frequently.

In order to properly solve these problems, the "Law of the People's Republic of China on the Prevention and Control of Noise Pollution" (hereinafter referred to as the "New Noise Law") will be officially implemented from June 5, 2022, and the " Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution" will be abolished at the same time . This long-awaited law makes corresponding regulations on problems such as annoying construction noise at night, roaring and speeding motor vehicles, loud entertainment and fitness stereos, and noise from neighbors' pets. In this regard, judges from the Tongzhou District People's Court of Beijing interpreted relevant legal issues.

This situation will be defined as noise pollution

According to reports, compared with the abolished Environmental Noise Pollution Prevention and Control Law, the "New Noise Law" redefines the connotation of noise pollution. In view of the situation that some areas that generate noise do not have noise emission standards, in the case of "exceeding the standard" + disturbing the people", the phenomenon of noise produced by "failure to take preventive and control measures in accordance with the law" that interferes with the normal life, work and study of others is defined as noise pollution.

The "New Noise Law" removes the word "environment" and makes it clearer that the object of legal regulation is limited to man-made noise. Because there are many causes of noise, the removal of "environment" is mainly to avoid the force majeure of the causes of noise, such as thunder, rain, and wind. All environmental noises that are difficult to generate or even solve artificially are not subject to regulations.

The "New Noise Law" includes the general provisions of the legislative purpose, scope of application, prevention and control principles, management system, and public participation. It stipulates the noise pollution prevention and control standard system, environmental vibration control standards, product noise limits, planning environmental impact, etc.; stipulates the noise pollution prevention and control responsibilities, noise monitoring, project environmental impact assessment , high school and college entrance examination and other special Supervision and management of noise pollution prevention and control during the period, such as the Green Nursing Examination Announcement and other systems. Provisions on the legal liability for various behaviors that violate the Noise Pollution Prevention and Control Law .

Noise pollution prevention and control is included in the government assessment

The "New Noise Law" clarifies the connotation of noise pollution, adds prevention and control objects, expands the scope of application of the law, and emphasizes that the object of legal regulations is man-made noise, not natural environmental noise, such as urban rail transit and motor vehicles "blasting streets" ", loudspeakers, industrial noise and other noise-nuisance behaviors, and at the same time expand the scope of noise pollution prevention and control from cities to include rural areas.

Improve the noise standard system and control pollution scientifically, accurately and in accordance with the law. According to regulations, the relevant departments of ecology and environment under the State Council and provincial people's governments formulate noise pollution prevention and emission standards, and local governments at or above the county level delineate the applicable areas of the standards, so as to achieve top-down, local conditions, and precise prevention and control. At the same time, the "New Noise Law" adds provisions for autonomous management, such as encouraging owners' committees and property service providers to stipulate the noise pollution prevention and control requirements in the community through the formulation of management regulations, which are jointly observed by the owners.

In addition, the "New Noise Law" strengthens the prevention and control of noise sources and builds a solid first line of defense against pollution. Conduct environmental impact assessments on relevant plans, predict in advance buildings and traffic arteries that may produce noise, and reasonably delineate noise prevention distances; set noise limits for equipment that may produce noise pollution, and take noise reduction measures if standards are exceeded; The completion of noise pollution prevention and control goals will be included in government evaluations, and areas with serious noise pollution problems will be interviewed, investigated, and held accountable, and the results will also be disclosed to the public.

Parks can set volume standards to prevent square dancing from nuisance to residents

The "New Noise Law" focuses on the difficulties of noise nuisance to residents and ensures a peaceful and harmonious environment. Solutions have been provided to address issues that citizens are concerned about, such as noise nuisance in entertainment venues, motor vehicles bombing streets, and square dancing.Among them, it is explicitly prohibited from disturbing residents with noise from commercial places such as bars. It also requires managers of cultural, entertainment, sports, catering and other places to take effective measures to prevent and reduce noise pollution. It is also prohibited to use loudspeakers or other continuous methods in commercial business activities. Advertise by making loud noises repeatedly.

The "New Noise Law" requires that those who organize or carry out entertainment, fitness and other activities in public places such as streets, squares, parks, etc., must abide by the regulations of public place managers on activity areas, time periods, volume, etc., and take effective measures to prevent noise pollution; Do not use audio equipment to produce excessive volume in violation of regulations. Managers of public places should reasonably stipulate the areas, time periods, and volumes for entertainment, fitness and other activities, and can take measures such as setting up automatic noise monitoring and display facilities to strengthen management.

The "New Noise Law" also requires that families and their members should develop good habits to reduce noise, take public transportation, keep pets and other daily activities to avoid noise that interferes with people around them, and resolve noise disputes with mutual understanding and accommodation. Work together to maintain the quality of the acoustic environment. When using household appliances, musical instruments or other family activities, the volume should be controlled or other effective measures should be taken to prevent noise pollution. With the support of the "New Noise Law",

is no longer helpless in safeguarding its rights. Let me tell you quietly here that "12369" is the environmental protection reporting hotline. When you are harmed by noise pollution again, you can call the number to make a complaint. Someone will answer the phone 24 hours a day.

Reprinted from: CCTV News

Source: CCTV4