Analysis On The Elements Of Noise Pollution Infringement

With the acceleration of modern industrialization and the rapid development of economy,many environmental problems keep emerging,and noise pollution is one of them which cannot be ignored.Environmental pollution is a kind of sensory public hazard,the fact of infringement is often latent,invisible and can not be touched,but it can have a serious impact on the life,study and work of neighboring social subjects.Therefore,how to effectively solve the problem of noise pollution infringement has become an urgent problem to be solved.This paper will carry out research on the building elements of the noise pollution infringement.Based on determining the building elements of the noise pollution infringement in our country,it leads to the practical contradiction of each constitutive element through case analysis and analyzes the cause of the contradiction,so as to improve the relevant legal system and adjudication rules,and then safeguard the legal rights and interests of the victims who are deeply disturbed by the noise pollution.According to the relevant laws,it can be presumed that "three essential elements" are adopted in the constitutive elements of tort liability.Therefore,the constitutive elements of noise pollution tort are respectively the fault,the fact of noise pollution tort damage and the causal relationship between the behavior of noise pollution and the fact of damage.The process of adjudicating noise pollution infringement disputes is actually the process of identifying each constituent element.The correct identification of each constituent element plays a decisive role in the correct adjudication of the case.Through studying judicial cases,it is found that there are different dilemmas in judicial practice in the identification of the elements of noise pollution infringement.First,according to the provisions of "Noise Pollution Prevention and Control Law",the principle of fault impugability applies to noise pollution infringement,and the fault judgment basis is "noise emission standard".However,due to the limitation of the judgment basis,This leads to the phenomenon that "acoustic environmental quality standard" is used as the basis in practice,and further results in the superficial phenomenon that no-fault imputation principle is applied to some noise pollution infringement cases.Secondly,in the identification of damage facts,judges generally take strong protection for property derogatory damage,but often take simple denial for personal and mental damage,resulting in the majority of noise pollution infringement victims’ personal and mental damage compensation appeals are not supported.Thirdly,the rules to be followed for the determination of causality are not clearly defined at the level of legal norms,which leads to ambiguity in the interpretation of laws in practice,resulting in inconsistent application of the determination rules.Based on the above practical contradictions,this paper makes a thorough analysis of the contradictions and puts forward relevant suggestions for improvement.