At two o'clock in the morning, some people are working overtime in a hurry to write indictments, appeals, and legal opinions. Some people are staying up late watching TV dramas and scrolling through their mobile phones while procrastinating. Some people are falling in love with each other, You and I talk on the phone, and some people are troubled by the noise from upstairs that makes them unable to sleep every night. In this issue, the author will talk about noise, neighbor infringement, pollution disputes.
The Longest Night
The author’s colleague, Xiao L, rented a house near the law firm because of the convenience of work. Things were going well at first, and his life was quiet and comfortable, but the good times did not last. The elder, Little L's family of four moved in upstairs. Every night at around 11 o'clock, they started making "ding-ding-dong-dong" noises and running around in various ways. Every night at 11 o'clock, they started making noises like "dong dong dong dong", running, jumping, and hitting the ground with heavy objects, until 4 or 5 o'clock in the morning. The huge noise made L unable to sleep and extremely annoying (the inner horse was galloping) , spit out the aroma). Being busy with work during the day and unable to rest at night has plunged Xiao L's life into an endless vicious cycle.
In cities with many high-rise buildings, there are countless examples of people like Little L who have been affected by noise. The author has recently received two inquiries about noise infringement. So how should we protect our rights in this situation?
Two solutions
At first glance, noise is a trivial matter, but it is not easy to solve. Take a look at the tortuous road to rescue:
(1 ) Appropriate prompts:
1. Modify the WIFI name prompt.
By changing the WIFI name to "Please don't make noise in such and such room number", "Please be quiet in such and such room number", etc., let the residents upstairs see the prompt when reconnecting to the network, but this is very " Gentle", not very targeted.
2. Door-to-door notification.
If you do not want to directly face the residents upstairs, you can first post notices to provide reminders and warnings, clearly stating the noise situation and relevant requirements, and watch the noise situation improve.
(2) Seek help:
1. If it is a rental property, you can contact the landlord, report the situation through the owner group or directly to the landlord upstairs, and ask the landlord to solve the problem. This method is relatively better for the situation where the upstairs is also a rental house.
2. Contact the property management personnel of the community, request to inform and understand the situation to the residents upstairs, and urge the upstairs residents to reduce the frequency and intensity of noise.
3. Contact the neighborhood committee and community lawyer for help. The neighborhood committee and community lawyer can build a platform for communication between the two parties and resolve conflicts based on understanding the actual situation.
4. Help the media. Radio and television in some areas have special personnel to "break the news" or dispute mediation programs, which is also a way to resolve disputes.
5. Warm up various groups. There are many people who are troubled by noise. If the dispute cannot be resolved for a while, you can join such a group and complain to each other to comfort each other. It is also a way to vent your emotions. After all, people with the same experience can best empathize.
6. Alarm handling. For the behavior of "making noise that interferes with the normal life of others", according to Article 46, Article 47 and Article 58 (3) of the "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution" It stipulates that if household appliances, musical instruments or other indoor entertainment activities or indoor decoration activities are used indoors without effective measures being taken, the noise emitted from the indoors will seriously disturb the family. Anyone who uses household appliances, musical instruments or other indoor entertainment activities, fails to take effective measures for indoor decoration activities, and emits environmental noise from indoor homes that seriously interferes with the lives of surrounding residents will be subject to administrative penalties by the public security organs in accordance with the law.
Note that regardless of whether the dispute is resolved in the above manner, all communication records, vouchers, photos, alarm records and other materials should be retained to prepare for possible future litigation.
(3) Face-to-face communication
1. Pay attention to proportion and beware of triggering criminal cases. If they were not forced to do so, most people who are disturbed by the noise upstairs would not choose to communicate directly and control their emotions face to face. In reality, there are many examples of people who have been disturbed by the noise for a long time and become resentful and fight.
In the two criminal cases of intentional injury (2019) Xin 0109 Punishment No. 189 and (2017) Lu 0104 Punishment No. 267, the residents downstairs were affected by the noise upstairs. During the communication process, conflicts intensified and physical conflicts occurred, resulting in The resident above was slightly injured, and the resident downstairs was guilty of intentional injury. In addition to being criminally liable, such as criminal detention, the resident upstairs should also be compensated for other expenses such as the medical expenses of the resident upstairs. Therefore, you must manage your emotions well when communicating. It is troublesome enough to make noises, but it is not worth losing your wife and losing troops.
2. Is it difficult? Beware of copyright infringement. After communicating with each other, some residents choose to "fight violence with violence" and purchase a "vibrator" (an electric vibrator) through the Internet and install it on the ceiling through a bracket. After starting, the ceiling will vibrate at high frequency and interact with objects upstairs. ***Vibration, the sound is like the impact of an electric drill when drilling holes. Some people say that this is a way to save yourself by killing a thousand enemies and damaging yourself by eight hundred. The author would like to remind you that the correct way to use the "vibrator" will not only affect the upstairs and the neighbors on the left and right, but also infringe on the neighbor's adjacent rights. This is similar to deliberately making noise and disturbing the normal life of others. The police can impose public security penalties and should bear certain civil liability.
(4) File a civil lawsuit
Noise infringement is one of the adjacent torts in pollution disputes. According to Article 83 of the General Principles of Civil Law, adjacent parties to real estate must Neighboring relationships such as water interception, drainage, traffic, ventilation, and lighting should be correctly handled in a spirit that is conducive to production, convenient for life, solidarity and mutual assistance, and fair and reasonable. Adjacent relationships, and according to the General Principles of the Civil Law, the adjacent relationships between adjacent parties should be handled in accordance with the principles of being beneficial to production, convenient for life, solidarity and mutual assistance, and fair and reasonable. In addition, according to the Ministry of Environmental Protection Announcement No. 45 of 2008 - Announcement on the Promulgation of the National Environmental Quality Standards "Acoustic Environment Quality Standards", the daytime noise limit for residential buildings is 55 decibels and the nighttime noise limit is 45 decibels. If it causes obstruction or loss to neighboring parties, the infringement shall be stopped, the obstruction shall be eliminated, and the loss shall be compensated. In two adjacent pollution tort dispute cases (2019) Yu 13 Min Zhong No. 5609 and (2014) Xi Min Chu Zi No. 04040, because the noise from the residents upstairs seriously affected the lives of the residents downstairs, the court finally ruled that the residents upstairs should Immediately stop the infringement of noise pollution. No noise exceeding 55 decibels during the day and 45 decibels at night is allowed within 24 hours a day. We must apologize to the residents downstairs and provide compensation as appropriate. The court ordered the residents upstairs to immediately stop the noise pollution behavior, apologize to the residents downstairs, and provide compensation as appropriate.
3. Xiao L’s follow-up
The author’s colleague Xiao L has visited the residents upstairs several times and tried various methods but the results were not satisfactory. The adults upstairs The nature of work that reverses day and night means that the children cannot sleep during the day and basically stay up all night at night, playing crazy and making unbearable noise. However, this is not an excuse that there should not be people upstairs, after all, they are naughty children! But this should not be used as an excuse. After all, the naughty children reflect the quality of their parents. Fortunately, Mr. L's short-term rental house is about to expire, and Mr. L is too lazy to prepare for a lawsuit. More importantly, after learning about this incident, L’s friend who lives in the same community offered to temporarily give up his sofa bed (100 likes).
Although life is a mess, there are always more solutions than difficulties. I wish millions of little Ls a good sleep!