Legal Analysis On 27 Residents Prosecuting ZHUANG Wei Construction Companies Noise Nuisance Case

As a new legal department, environmental law in our country is formed by the Constitution, environmental laws, environmental administrative regulations, local administrative regulations and environmental protective policies. But there is not unified noise pollution emission standards. This brings great difficulty in trial.Through legal analysis on Tian-Tong District 27 residents prosecuting Zhuang Wei Construction Company disturbing noise case, the author thinks the Court's judge is right. The content of judgment is residents' environmental rightse being seriously infringed, according to General Principles of Civil Law No. 83 provision , sentencing defendant to take measures to eliminate noise pollution and give plaintiffs 200 yuan compensation for spiritual loss. This judgment will help protect the citizens' rest rights, health rights and environmental rights. But the case also reflects two problems. They are lack of noise pollution emission standards and conflict between legal department internal provisions. The solutions to two issues have great significance for protecting civil environmental rights and safeguarding people's fundamental interests. Imperfect of noise pollution environmental legislation is the main reason to the problems. This dissertation puts forward practical solutions to issues.This dissertation consists two parts. The first part makes a brief introduction of legal fact and legal analysis. It exposits constitutive factors of environmental infringement, origin and development of environmental rights conception, abroad legal situation about environmental rights, domestic scholars' discussion about environmental rights and characteristics of environmental infringement different from that general infringement. Two systems involved in Environmental Noise Pollution Control Act are prior reporting system and nighttime construction prohibition system. It discusses controversial focus of case, environmental infringement judicial relief, law conflict and amount of damage.The second part mainly introduces the issues reflected in the case and solutions to the issues. The author thinks that reconstructing the conception of environmental pollution, clearly ruling environmental rights in Constitution, creating environmental Policy Basic Law, establishing coherent environmental legal system, determining noise pollution emission standards and coordinating internal provisions. It requires adhere to environmental legislation science principle. It contributes to bring qualified laws, which required by modern legal country. It is good for respecting objective law of environmental legislation, overcoming environmental legislation subjective arbitrary and blindness. It is also benefit of avoiding or reducing mistakes, reducing cost and improving environmental legislation efficiency.I believe in the near future, China's Constitution and environmental laws will clearly rule environmental rights, improve and perfect various environmental noise standards. Done by this, can it better safeguard the citizens' environmental rights and achieve the harmonious development society.