Research On The Legal Problem Of Environment Noise Pollution Prevention

In the modern life, the economical high speed development has also brought the environment question day by day incisively. The noise pollution takes and the people lives the close related environment question, receives the widespread attention more and more. It is the same with other pollution, not only harms human body's health, interferes with the people normal study work, is listed as by many developed countries the fourth kind of pollution. Although the noise pollution is an environmental damage, but it is different with other pollution, it will not cause the human to die directly, will not leave behind any trace. But, noise pollution's consequence is actually very serious. Indicated after the research, noise when the 85db intensity, will have 10% people to have the noise-induced deafness sickness; When 90db, can only guarantee 80% people not to be able deafness; When the sound is higher than 130db, even the eardrum is possibly penetrated. The noise chronic damage may cause the hearing to drop into the permanent damage. It also has the influence to the central nervous system. If the person long time lives under the noise environment, neurasthenia syndromes and so on tinnitus, slow reaction will appear. Moreover, the noise appears in the evening, will be will affect person's normal rest and the sleep, will thus affect the people to work and to study. Sometimes, the noise production can give the enterprise, the resident to bring the contradiction, the initiation conflict and the entanglement, creates the economical and the property loss. According to the related statistics demonstrated that noise pollution's petition work had once achieved head of the environmental protection suit.Each kind of question which brings because of the noise pollution, various countries strengthened the legislation to carry on the rules and regulations. Our country also tends the consummation in the noise pollution prevention aspect's legislation, but could not have achieved the actual law enforcement by far the need. Therefore, in view of our country noise's method legislation, the judicature and the law enforcement aspect conducts the research is the noise law perfect key.This article first part introduced the noise pollution meaning and the harm in detail. The author obtains from the noise, the definition has carried on the explanation to the noise from the physics and the legal science, and"the noise pollution which"stipulated to the law in has carried on the limits, divided the urban five kind of region noise highest limit standard to the country to give the explanation, the total summary "Ambient noise Pollution Prevention law" mentioned industrial noise, building noise, traffic noise and social life noise these four broad heading noise source of pollution. About the noise harm, the author in the article from three aspects, has enumerated the noise the harm which brings to the people daily life, including: Disturbance rest and sleep, damage sense of hearing, visual organ, to person's physiological influence.The second part has carried on the analysis to our country noise pollution prevention's present situation. The author thought that may from the noise pollution prevention legislation, the noise pollution prevention judicature and the noise pollution prevention enforces the law these three aspects to carry on the inquisition. In our country noise pollution prevention legislation aspect, the author had first affirmed "Ambient noise Pollution Prevention law" the status, the breakthrough progress which and the feasibility compares with the original rule, but, has the noise to enforce the law adapts the noise pollution characteristic completely based on the insufficiency and some provisions. In our country noise pollution prevention judicature inspection aspect, the author believed that mainly includes the judicial practice the difficulty and the court applicable legislation difficulty: The judicial practice's difficulty is the victim sues, the victim to present evidence, judge difficultly to appraise difficultly appraises, the victim to look for the appraisal unit difficultly to be difficult, in the law the causal relation authenticates difficult and wins difficultly; The court applicable legislation difficult to display in: In the law, does not have the standard which to the amount of indemnification the bound stipulation, the court assign a penalty indefinite and the court regarding the illegal case carries out difficultly. In our country noise pollution prevention law enforcement aspect, the author believed that mainly has the noise law enforcement based on the insufficiency, the noise law enforcement to the noise pollution pointed not strong, various real power department not to carry on to the environmental protection takes, the ambient noise administration law enforcement not strong and the environment law enforcement officials quality irregular and so on questions.The third part to consummated our country noise pollution prevention legal regime to put forward three proposals. The author first aims at the legislative aspect, proposed that in the noise pollution prevention legislation stipulated explicitly the citizen the noise violation's right, is not strengthened protection dynamics in other department law also to stipulate to the noise pollution punishment's provision, strengthens to the noise exceeding the allowed figure monitoring is clear about the noise damage liability of compensation, to strengthen the supervising mechanism consummation public hearing system, Strengthens the mechanism which to the social life noise's control reduction noise source, and the consummation sound environment dispute solves causes suggestions and so on it diversification. In the judicial aspect, the author believed that must entrust with the related organization and the citizen right to sue, be clear about the consummation liability system, to use the reasonable charge system and so on. The key point was in the law enforcement aspect, author put forward three aspect proposals to it. According to environmental protection supervision practical work situation: First, proposes the attention law enforcement method diversification and the nimble utilization: Practices the enterprise earnest money system, like this can before the pollution may carry on the effective control to the source of pollution, after pollution carries on the effective government; The Local authority may entrust with the Environmental protection department administration compulsive means suitably, makes the environmental protection inspection dynamics to enhance, is helpful to the environment law enforcement; To the concrete noise question dispersion jurisdiction, urges the noise question reasonable effective solution; Next, establishes the Government department responsibility investigation system, disperses the environmental protection question to each real power department, the thorough settlement present's environmental protection question only then the Environmental protection department solves question; Once more, lies in enhances the environmental protection law enforcement officials quality aspect, the specific measures include: Strengthens the law enforcement officials legal system study, the standard law enforcement officials to enforce the law the flow and the establishment responsibility investigation system.Our country "Ambient noise Pollution Prevention law" the consummation, and is not only a legal consummation, it must give dual attention to the administrative law, the civil law related provision and the stipulation, this needs to seek the solution noise pollution between various departments law the method. Therefore, regarding noise law enforcement, both must solve the noise pollution reasonably, and must conform to the related laws and regulations, specially must have the law enforcement dynamics, although entrusts with the environmental monitoring strong law enforcement method not completely, but must enlarge in the policy the environment law enforcement dynamics, this is the author this article elaborates emphatically in the third part: First, in source control noise source of pollution; Second, when the noise pollution occurs may by reasonable, have dynamics method to carry on the law enforcement.