Case Of Chou Mou V. Some Oil And Gas Company's Noise Pollution Liability

In recent years,with the accelerating process of urbanization,the noise pollution caused by industrial production,road traffic,entertainment places and construction,has seriously affected people's physical and mental health and normal life.Although noise pollution has been listed as one of the three major pollution,its harm to human health is not immediate and has not been taken seriously enough by people.People's consciousness of civilization and protection of rights is increasing.The pursuit of quality of life and the requirement of living environment are also increasing,and the problems caused by noise pollution are becoming more and more obvious.Although the cases of noise pollution are frequent,the litigation rate of noise pollution cases in China is on the low side,and the complaint rate is high.The Law of the people's Republic of China on the Prevention and Control of Environmental noise pollution,the most important legal basis for the prevention and control of noise in social life,has not been updated and revised for more than a decade.Therefore,the right relief of the victims of noise pollution infringement cases has become one of the problems to be solved.This case is the plaintiff some v.the defendant northeast branch of China petroleum and chemical co.,LTD.(hereinafter referred to as the oil and gas company),to the noise pollution of the environment pollution damages.Focus of the debate is whether the defendant to oil and gas companies to the plaintiff the weekend cause noise pollution tort,the voice of the defendant drilling act emissions and whether there is a causal relationship between the plaintiff property damage,damage the fact how to identify and compensate.Through analysis,the oil and gas companies make noise pollution tort,the plaintiff and the defendant have a causal relationship,and because the plaintiff the weekend failed to provide sufficient evidence to prove that the amount of losses,shall bear the proof can't the legal consequences.From the effect of the trial of the case,we have to noise pollution is not scientific,noise pollution tort law of causation of the burden of proof is not enough clear,noise pollution,the damage and compensation standard not specific enough.Therefore,China's environmental protection law needs to be further improved and refined,and the environmental noise pollution prevention law is constantly refined.