On The Problem Of Environmental Noise Pollution Lawsuit

With the rapid development of society and economy, the environmental noise pollution in our country is increasingly getting worse, and becomes a serious problem to restricts the improvement of people’s living environment quality and building of a harmonious society. Noise pollution is colorless and odorless, but seriously affects human’s physical and mental health, which is called the "invisible killer". It has become a great public hazard that affects our living environment. In1996, Environmental Noise Pollution Control Act is passed. The management system and measures for the prevention and control of noise pollution, and the legal responsibility after violation of law are involved. With the improvement of legal system, people’s consciousness of environmental protection and right-protection awareness run high, and the tort action about environmental noise pollution happens frequently. The paper,based on the case,"illegal noise in the housing area of light" in Beijing, according to the Civil Procedure Law, Environmental Noise Pollution Control Act and Tort Liability Law, analyses the subject of litigation, claims and litigation evidence of environmental noise pollution cases, and puts forward suggestions.First of all, the particularity of environmental noise pollution case and the characteristics of litigation evidence in such cases are introduced, then the influence to the subject of litigation, claims and litigation evidence of environmental noise pollution cases caused by the particularity of the kind of case. Second the subject of litigation of environmental noise pollution case is studied. Because according to the traditional theory of "direct interested party", it has certain limitations to file a lawsuit, it is necessary to expand the plaintiffs subject qualification, and develops public interest litigation about environmental noise pollution. Then the claims of environmental noise pollution case is analyzed, the three types of the claims of this kind of case Summed up:request to eliminate the hazard, Compensation for economic losses and Compensation for mental damage. Meanwhile, the claim overruled for most of the cases due to the evidence. Finally the evidence in the case of environmental noise pollution litigation is analyzed from the two aspects of evidence preservation and the burden of proof. Our country should establish the system of proof preserving before an action for the case s of environmental noise pollution, and the subject qualification of the notarial institutions for evidence preservation. About putting to the proof, the burden of proof should be distributed reasonably between both sides.