Research On Tort Liability Of Environmental Noise

With the development of industrialization,the problem of environmental noise has become increasingly prominent.How to effectively solve the problem of environmental noise infringement has become an urgent problem.Although the law on the prevention and control of environmental noise pollution has made clear provisions on environmental noise pollution and provided guidance for the judicial judgment,it is too simple compared with the complicated infringement of environmental noise.This paper will start from the connotation of environmental noise tort,analyze and study the liability of environmental noise tort,in order to protect the legitimate rights and interests of the victims who are deeply troubled by environmental noise.Although Article 61 of the law on the prevention and control of environmental noise pollution has made corresponding provisions on the liability of environmental noise tort,it only aims at the infringement of environmental noise pollution and does not stipulate other types of environmental noise tort.Based on the study and analysis of relevant cases,it is found that in judicial practice,judges often hear such cases with neighboring relationship,which leads to the situation that the noise emission standard is not exceeded but actually affects other people's normal life,work and study can not be effectively solved by law.Environmental noise tort belongs to sensory tort,and the particularity of its damage,this paper argues that environmental noise tort should be divided into environmental noise pollution tort and environmental noise interference tort,and the two should be discussed separately.This paper analyzes the advantages and disadvantages of different imputation principles from different perspectives,and considers that the principle of fault liability should be applied to environmental noise interference infringement,while the principle of no fault liability and fair principle should be applied to environmental noise pollution infringement.Based on the corresponding principle of liability,combined with the case study,this paper analyzes the composition of environmental noise tort liability,and holds that the four elements theory should be applied to the composition of environmental noise interference tort liability,while the three elements theory should be applied to the composition of environmental noise pollution tort liability.Finally,on the basis of identifying the environmental noise tort,the paper studies the subject,scope and way of the environmental noise tort liability,so as to realize the pursuit of the environmental noise tort liability.Through the research on the connotation of environmental noise,the imputation principle of environmental noise infringement,the liability constitution of environmental noise infringement and the liability undertaking of environmental noise infringement,it is found that in order to realize the fairness and justice of law,only by combining the particularity of environmental noise infringement and individual differences to analyze specific cases,can we better allocate the liability of environmental noise infringement and maintain all parties Benefit,realize fair and reasonable trial,safeguard the authority of law.