Research On Legislation Of Prevention And Control Of Environmental Noise Pollution From The Perspective Of Quiet Rights

At present,the legal system on citizens against noise is mainly stipulated in the Law of the People’s Republic of China on Prevention and Control of Pollution From Environmental Noise(hereinafter referred to as Law on Prevention and Control of Pollution From Environmental Noise).The Law on Prevention and Control of Pollution From Environmental Noise mainly sets up a legal system for the prevention and control of environmental noise pollution from the perspective of obligation.For example,Article 7 of the Law on Prevention and Control of Pollution From Environmental Noise said that All units and individuals shall have the obligation to protect the acoustic environment and shall have the right to inform against and accuse any unit or individual that pollutes the environment with noise.Moreover,Article2 of Law on Prevention and Control of Pollution From Environmental Noise says"environmental noise pollution",as used in this Law,means that the environmental noise emitted exceeds the environmental noise emitted limits set by the State on the environmental noise emitted and impairs people’s daily life,work and study.The legal system of prevention and control of environmental noise with the obligation as the core has neglected citizens’ right to environmental protection against noise.This has exposed disadvantages from many aspects such as criteria for d environmental noise pollution,public participation and legal liability,So setting up the right of quiet is very important in The Law.I think citizens have a right for avoiding being disturbed by noise within a certain limit,such right to a quiet life defined as the right of quiet.This paper aims to analyze the defects and shortcomings of Law on Prevention and Control of Pollution From Environmental Noise from the perspective of the right of quiet and the advanced experience of prevention and control of environmental noise pollution outside the territory,Pollution Prevention Law "to provide advice on the proposed amendment to build a quiet right as the core environmental noise pollution prevention and control legal system.This article consists of five chapters,the first chapter introduces the background of this topic,research status and research methods used in this article.The second chapter mainly attempts to explore the theoretical construction of quiet right.The author mainly constructs the theory of the right to quiet from the three aspects,connotation,nature and characteristic of the right to quiet,and based on this,constructs the system of prevention and control of environmental noise with the right of quiet as the core.In the third chapter,the author mainly analyze the current situation of legislation on prevention and control of environmental noise pollution in our country,and analyze the defects of Law on Prevention and Control of Pollution From Environmental Noise from the perspective of security right.The fourth chapter takes the feature of quiet right as the core,starts with the legislation on the prevention and control of environmental noise pollution in other countries,analyzes the advanced aspects of the system construction of other countries and provides a reference for the construction of legal system of environmental noise pollution prevention in our country.Based on the analysis above,Chapter Five provides reasonable suggestions for the amendment of Law on Prevention and Control of Pollution From Environmental Noise from the perspective of quiet rights.This article provides suggestions for establishing a legal system of prevention and control of environmental noise with quiet right as the core through establishing the right to quiet,strengthening the principle of public participation,improving the standard of noise infringement,establishing the principle of enduring tolerance and improving the responsibility of noise tort.