Empirical Research On The Judicial Referees Environmental Noise Infringement Disputes

This paper discusses and summarizes the environmental noise infringement disputes in the course of judicial practice.Put forward two kinds of accountability way in environmental noise infringement disputes.In combination with the relevant academic point of view,finally put forward the suggestion that it intend to settle dispute on the basis of statistics over the trial.The main points of this paper mainly include the following points:The first part,the sample statistics and analysis.This parts summarizes five aspects around the cause of action,The plaintiff’s claim,The plaintiff’s claims are supported,The reason of the plaintiff’s claims are not supported.it puts forward the way of environmental noise infringement responsibility shall be investigated in Neighboring relationship and the environment pollution tort.The claims focus on the three aspects: Stop the infringement,Compensation for mental damage and Compensate for the losses,The higher proportion of the front two cases for support,The last item on the claims does not necessarily supported by the court because of the different choices in the methods of calculating losses amount.There are two kinds of results In the case of the Litigation request were rejected,all rejected and to be part of rejected.The referee’s law applicable to the general principles of the civil law ","property law" and other substantive law and a series of Judicial interpretationThe second part,summarized the main controversy of the judicial referee.From the right on the basis of claim,the plaintiffs to misjudge the choice of the cause of action,the court for the cause of choice also has a different approach;From the definition of "noise infringement" method,for the same type of environmental noise infringement dispute,the different court concluded that there is a big difference between basis and the logical;Look from the damage compensation scope and calculation standard,with expert opinion,the plaintiff claims and fair and reasonable principle as the main computing standards,including the request of the compensation for mental damage can only be supported in the pollution of the environment infringement;On the causal relationship between the division of burden of proof,there is a The chaotic situation that adjacent disputes also requires Proof by the plaintiff,but the pollution of the environment infringement is only life experience judgment of infringement or not;On the applicable law,there is also the application of the law between chaos and confusion of different legal norms of the same laws apply.The third part,of two different kinds of investigation methods were analyzed.Based on neighboring relation in accountability must be on the premise of "adjacent";Must be tolerance to determine whether constitute a "violation";Must seek relief through the exercise of property rights claims;And can’t get the compensation for mental damage.Under the environment pollution tort in accountability,required to have a clear infringement responsibility main body;Harm behavior can be determined the noise pollution,the noise infringement must reach the level of "pollution" which is testified by expert opinion in practice;There are damage facts or facing a real threat of damage;There is a causal relationship between harm behavior and damage results.Through comparison,we can find different ways of pursue is not the same elements required by the responsibility.It is help us to clearly define the nature of the case at the time of trial and the correct use of substantive law and procedural law for the referee.The fourth part,the paper puts forward the solution of the path about the judicial referee disputes and problems existing in.The court’s judgment should be based on the right of claim from the plaintiff to choose,it is not only based on the laws rigid requirements,but also the embodiment of the meaning autonomous principle in civil litigation;Whether constitutes violation "noise" that should follow the inherent logic of different right foundation,in view of the adjacent relation dispute,Verification is unnecessary,that is to say,Should be denied Just because the plaintiff did not provide expert advice directly dismissed the claims.and in environmental pollution tort liability disputes,identification of noise can be more accurate for ascertaining the facts,Also in accordance with the current laws,not directly depends on experience considered;And calculation method of compensation for damage compensation range should be unified,thus unified compensation for determination method can ensure the judicial credibility;Causal relationship of burden of proof shall be reasonable and lawful distributed,and in the pollution of the environment infringement,the plaintiff was to undertake preliminary "relevance" of the burden of proof,and this kind of "relevance" must distinguish with causation;The referee the choice of applicable law shall be accurate to prevent confusion between different laws and the same legal norms.