Research On Legal Responsibility Of Highway Noise Pollution

With the increase in the total mileage of the highway,the continuous expansion of the city,and the increasingly tense land resources,more and more public living environments are exposed to noise pollution from the highway in China.Noise pollution on the highway has caused serious interference with people's lives,study and work.As a result,lawsuits filed against them have increased.At the same time,complaints,petitions,and rights protection activities on highway noise pollution began to increase,bringing certain pressure on city managers,especially environmental protection department,complaint department,and public security departments.This article tries to analyze the source of the above-mentioned situations by looking up the literature,find out who is responsible for the reasons behind them,and explain their obligations and responsibilities.Simultaneously,in order to prevent highway noise pollution,improve the relief when violations occur,provide ideas that you can learn from prevention and governance by analyzing the relevant legal liability outside the region,and suggest to improve the legal liability for noise pollution on the highway in China,so as to provide more comprehensive protection to victims of noise pollution on the highway.This paper consists of three parts: the introduction,the text,and the conclusion.Chapter 1 introduces the background and purpose of writing the paper.At the same time,it summarizes domestic and foreign literature to illustrate the research status of highway noise pollution legal liability at home and abroad,and proposes the research ideas and methods of this paper.The text consists of four chapters.Chapter 2 briefly introduces the concept,characteristics,development trend and hazards of noise pollution on highways,and finds the causes of pollution through analysis.Chapter 3 introduces the case,intervenes in the deconstruction of the principle of legal liability,responsibility,and the principle of imputation.It vividly summarizes and summarizes the responsibilities that the responsible body should bear.The responsible body include government departments,highway construction and operation unit,noise sensitive material builders,etc.Analyzed the types of civil,administrative and criminal legal liability caused by noise pollution on the highway.Chapter 4 studies the legal responsibility system for highway noise pollution in Germany,Japan,and Taiwan province of China.At the same time,it is pointed out that in our country,we can learn from conditional permission and dynamically adjust management mechanism in German law,learn from the state compensation mechanism of Japan's public building defect responsibility,and learn from the low-frequency noise control mechanism of Taiwan in China,so as to enrich China's system of legal liability related to highway noise pollution.Chapter 5 addresses the shortcomings in China's legal liability determination and commitment in the process of law enforcement in the current highway noise pollution cases.It proposes to make up for it by improving the relevant provisions of the "Environmental Noise Pollution Prevention Act",formulating detailed rules for the implementation of the law,formulating legal regulations,establishing a national compensation mechanism for public noise pollution in public facilities,and applying environmental public interest litigation mechanisms.Finally,chapter 6 summarized the entire paper,generalized the core ideas of this article and point out the limitations of the study and put forward the direction of future efforts in the conclusion section.