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How to deal with noise disturbing people in civil code
If all the above measures fail, residents can still solve the problem through court proceedings. Residents can directly defend their rights according to the right to live in housing, and request the court to decide the infringer to stop the infringement and eliminate the legal responsibilities such as obstruction. What residents need to be reminded is that in the litigation stage, the court pays more attention to the probative power of evidence to the facts of the case. Therefore, residents must pay attention to fixing and collecting evidence. For example, the process of noise generation can be saved by audio and video recording. It is necessary to pay attention to the time, place and identity information of both parties, but remember not to infringe on the privacy rights of others; It is also possible to prove the generation and consequences of noise through witness testimony. Usually, witnesses need to testify in court, otherwise, the court will not accept the testimony of witnesses without cross-examination. In addition, if the noise has caused serious consequences to the parties, and the parties demand compensation for mental damage, they need more sufficient evidence to prove it.
Legal basis:
Article 288 of the Civil Code of People's Republic of China (PRC) * * * The neighboring owners of real estate shall correctly handle the neighboring relations according to the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness.
Article 289th of the Civil Code of People's Republic of China (PRC) stipulates that neighboring relations shall be handled in accordance with its provisions; Where there are no provisions in laws and regulations, local customs can be followed.
Article 294 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * Real estate owners shall not abandon solid waste or discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, light radiation and electromagnetic radiation in violation of state regulations.
Article 1032 of the Civil Code of People's Republic of China (PRC) stipulates that natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public. Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.
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