An Empirical Study On Tort Liability For Environmental Noise Pollution

With the rapid development of economy,the rapid development of industry and commerce,the transportation industry is accelerating every day,the process of urbanization is accelerating,people’s pursuit of living and living environment is higher,and so on,noise pollution has increasingly become a problem affecting environmental quality and social harmony.In order to solve this problem,the legislature has enacted relevant laws such as the Noise Pollution Prevention and Control Law to regulate noise pollution from the legal level,the government has issued relevant noise emission standards and acoustic environmental quality standards to regulate noise emission problems in all walks of life,and the judiciary has issued relevant judicial interpretations and published typical cases of noise pollution.To guide judicial practice to deal with noise pollution infringement.However,there are still some problems in real life and judicial.In order to explore the existing problems in environmental noise pollution infringement,this paper collects and organizes the cases of environmental noise pollution infringement from July 1,2016 to June 30,2019.First of all,the 463 civil judgments collected were studied,and the case types were classified and collated using SPSS software,with case numbers,years,provinces,trial levels,trial procedures,original defendant types,noise types,applicable noise standards,whether they exceeded the standard,the principle of attribution,the burden of proof,the verdict,the circumstances of the change of judgment as variables.And the overall statistics are integrated to organize the case sample statistics table.Secondly,based on the above sample statistics table,the geographical distribution,noise type,appeal conversion rate and other variables are analyzed one by one,and the reasons for the data difference are analyzed.Thirdly,the main difficult problems encountered in the process of case study and statistical analysis are analyzed.Through the analysis of the application of noise standards,it is found that the application of environmental noise standards is chaotic,the new noisestandardizes are missing,the noise standards in key areas are aging,and the noise environmental quality standards conflict with the noise emission standards.Through the discussion of the composition of noise pollution infringement,it is found that the principle of attribution of noise pollution infringement is controversial,the applicable standards of the principle of attribution in judicial practice are inconsistent,the relief coverage is insufficient and there are problems of different judgments in the same case.At the same time,in the process found that the environmental noise emissions did not exceed the standard,but still interfered with the production and life of residents,and cannot be effective relief and other issues.Finally,on the basis of empirical analysis,this paper puts forward some suggestions for the improvement of environmental noise pollution tort liability.First,the type-type distinction between environmental noise infringement,based on whether the noise exceeds the relevant national standards,is divided into environmental noise pollution and environmental noise interference,and different relief methods are applied.Second,improve the environmental noise standard system,clarify the basic nature and application areas of various standards,establish the basic status of acoustic environmental quality standards,set emission standards for new types of noise,and update environmental noise limits in a timely manner.Thirdly,the relevant relief measures are put forward for the behavior of non-exceeding emission noise that causes interference to residents,that is,the behavior of environmental noise interference.On the one hand,in the absence of relevant standards or non-standards,the judge uses the discretion granted by the law to consider the relevant factors and reasonably distribute the responsibility,on the other hand,introduces the principle of fair liability,in the case of both the original defendant is not at fault,to fill the plaintiff’s losses in a moderate manner,in order to resolve social contradictions and build an ecological civilization society.