Study On Several Legal Issues Of Preventing And Controling Engineering Construction Noise Pollution

Since the 1950 s, the noise pollution was incorporated into the world’s four major hazards. It has been an important environmental problem that people will governance in the schedule. Among them, the engineering construction noise pollution increasingly prominents because of the industrialization, science and technology, and it has brought serious harm and influence to people’s health and quality of life. Preventing and controling the engineering construction noise pollution is imperative. Based on the context of national economic development and environmental sustainable development, combined with the principle of law, ecological ethics, environmental science, ecological economics and other disciplines,several legal issues in the prevention and control of noise pollution on construction engineering are discussed in this paper.First of all, combing the legal system and the legal institutions of the prevention and control of noise pollution on construction engineering, this article sums up three major problems, namely the not accurate definition of engineering construction noise pollution, the not perfect public participation mechanism and the incomplete legal liability system.Using the sound environment quality standard instead of the noise pollution discharge standard,and this definition includes the connotation of interfering other people’s normal life, work and study. Secondly, analyses the reason of the not accurate definition of engineering construction noise pollution, and redefines the engineering construction noise pollution by drawing lessons of the legislation of the USA and Japan. Participating in time, specificing participation procedures, paying attention to participate in the effect, implementing the construction of the environmental protection announcement system and in accordance with the application for public environmental information system, improving the environmental public interest litigation. Thirdly, we analyse the reasons of the not perfect public participation mechanism from the consciousness of public participation and information disclosure system and suggest to consummate the lawmaking, judiciary and noise pollution information transparency based on the legislative exprience of the USA and European Union. Finally, analyses the reasons of the incomplete legal liability system from the construction unit, the government and the legislation and puts forward the perfect suggesions of the civil, administrative and cirminal liability comparing with Germany and Japanese legislation. Increasing the civil, administrative responsibility punishment, adding the noise pollution crime.