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The elevator is noisy enough to disturb the people. How to defend rights?
Legal analysis
In case of elevator noise-related problems, you can first ask the relevant testing institutions with national qualifications to carry out systematic and scientific testing on elevator noise. After obtaining the legally binding test report, if it is found that the elevator noise does exceed the standard, you can complain to the property management or developers or local departments specializing in noise pollution, such as the Ministry of Environmental Protection, which will deal with the elevator noise exceeding the standard according to national environmental standards and relevant laws. If the environmental protection department can't solve it, it can only sue the developer through legal channels. Elevator noise refers to the sound that human beings don't need because of the unreasonable design, installation and use of elevators. Elevator noise is mainly characterized by low-intermediate frequency vibration, and the propagation mode of elevator noise is mainly vibration type, which spreads through solid. Victims can complain to government departments. The competent government department is the special equipment management unit of the Technical Supervision Bureau and the complaint reporting unit of the Environmental Protection Bureau. The Special Equipment Management Unit of Technical Supervision Bureau is responsible for issuing elevator operation licenses. If it does not meet the national standards, they will order the relevant units to carry out rectification. If it is not rectified within the time limit, the elevator operation license will be revoked according to law. The environmental protection bureau is a specialized unit of the government's environmental law enforcement, which will naturally be implemented according to law.
legal ground
People's Republic of China (PRC) Law on the Prevention and Control of Environmental Noise Pollution Article 6 The competent department of ecological environment in the State Council shall exercise unified supervision and management over the prevention and control of environmental noise pollution throughout the country. The competent departments of ecological environment of local people's governments at or above the county level shall exercise unified supervision and management over the prevention and control of environmental noise pollution within their respective administrative areas. The competent departments of public security, transportation, railways, civil aviation and harbour superintendency administration at all levels shall, according to their respective functions and duties, supervise and manage the prevention and control of noise pollution in transportation and social life.
Article 39 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests disputes between consumers and business operators can be resolved through the following channels: (1) through consultation with business operators; (2) Requesting consumers' associations or other mediation organizations established according to law to mediate; (three) to complain to the relevant administrative departments; (four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration; (5) bring a lawsuit to the people's court.
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