| With the rapid economic development, environmental noise pollution in ourcountry has become increasingly prominent, which is becoming a serious problem toimprove the quality of life and build a socialist harmonious society.In terms of noisepollution, neither can be seen or touched, but it can be very harmful to our health, noisepollution has become a major nuisance for our living environment.With theimprovement of people’s legal awareness, people begin to know that they have rights toprotect themselves. Therefore lawsuits caused by the environmental noise pollutionbecame more and more which also reflected many problems.In this article, the authorbegan with a case as follow, a couple named Lee sue one Beijing estate Company forthe noising pollution infringement, and then analyzed the focus of the dispute and thedifferent opinions of the plaintiff and defendant. There is a different understandingabout what level of sound can be considered is higher than the national standardbetween the plaintiff and the defendant. This case triggered a series of disputes whichreflected a problem that different departments in our country hold different clause on thesame issue. That is not good for the application of law. This article focuses on problemsrelated to the case, mainly from the nature of the noise pollution to get start to research,analyzes some views on this issue, express what the author thinks about it. The authorthinks that noise pollution is infringement, and then tells its particularity. As a specialinfringement, no matter there exist subjective fault or not, subjective fault can not beidentified as one of the elements constituting the infringement, but applies the principleof liability without fault. Then the infringement involved noise pollution standards wereanalyzed. Finally the author analyzed the tort liability of noise pollution in detail,mainly from the aspects of subject, scope, methods and approaches, the realization ofthe responsibility. |
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