Research On Legal Countermeasures To Prevent And Control Noise Pollution In Social Life

With the rapid development of China's economy and the general improvement of living standards,people pay more and more attention to the quality of the living environment.Good living environment is a necessary factor for people to choose occupation and living environment.Therefore,prevention and control of social life noise is of great significance to improve the quality of sound environment.In recent years,noise pollution in social life has become more and more common,which has a significant impact on people's study,work and rest.People can often hear all kinds of noise of social life: the harsh interior decoration sound,the noise of business activities gongs and drums,the huge music sound of square dance and so on.Nowadays,the noise of social life has gradually become the main source of environmental noise pollution in China and the main factor affecting the quality of human acoustic environment.The general public is more and more aware of the harm of noise in social life,and try to reduce the noise in life.There are many deficiencies in the measures to solve the noise pollution of social life in our country.In order to create a quiet and peaceful living environment and build a harmonious society,our government has been constantly improving noise pollution measures and improving laws and regulations.This paper focuses on the legal countermeasures for the prevention and control of noise pollution in social life.It expounds the concept,main sources,characteristics,hazards and serious situation of noise pollution in social life.It also analyses the present situation of noise pollution and prevention in social life in China.Through the Environmental Protection Law of the People's Republic of China and the Prevention of Environmental Noise Pollution of the People's Republic of China On the basis of detailed analysis of laws,regulations,normative documents and standards,such as the Law of the People's Republic of China,the Law on Public Security Management and Punishment,the Measures for the Prevention and Control of Noise Pollution in Shanghai and the Measures for the Supervision and Management of Environmental Pollution Prevention and Control Facilities in Henan Province,the existing problems in the prevention and control of noise pollution in social life in China are put forward,which can be summarized as the definition of noise pollution.Lack of strictness,difficulty in collecting evidence in environmental protection law enforcement,inadequate administrative sanctions,difficulty in proving evidence by the victim in litigation,and lack of compensation standards for damage caused by noise pollution in life,etc.Based on the analysis of the legislative status of the prevention and control of noise pollution in social life in Japan,the United States and Germany,and the experience of speeding up the revision of the relevant legislative process of noise pollution prevention and control,clarifying the new standard of environmental noise pollution sources,refining the powers and responsibilities of administrative departments,safeguarding the public's right to know and participate in the prevention and control of noise pollution in social life,the legal countermeasures for improving the prevention and control of noise pollution in social life in China are It includes: starting from the legislative system,clarifying the definition standards of environmental noise pollution,and formulating new social life noise standards.The prevention and control of noise pollution in urban social life should be improved by clarifying the division of responsibilities among departments,strengthening coordination and cooperation among departments,enriching law enforcement means,and increasing penalties.In the judicial practice of prevention and control of noise pollution in social life,this paper elaborates on perfecting the burden of proof system in the lawsuit of prevention and control of noise pollution in urban environment,concretizing the legal liability of compensation for infringement damage,and establishing the compensation system for spiritual damage caused by noise damage.In addition,strengthening propaganda and education,rational planning of sites and improving monitoring technology are also helpful to prevent and control noise pollution in social life.