Upstairs deliberately disturbing people by noise and denying how to obtain evidence?

(1) You can tell the residential property or community neighborhood committee and let them be witnesses;

Audio or video recording, in one's own home, is legal evidence;

(3) Complain to the Environmental Protection Bureau and let professionals carry out noise detection.

Legal analysis

Noise standard values are different in different regions. In residential areas, it is generally necessary to control the noise below 60 decibels during the day and 50 decibels at night. According to life experience, the voice of speaking loudly is about 60 decibels. If the sound from upstairs overwhelms the human voice, it generally constitutes noise pollution. From the point of view of doubt, if it interferes with the normal life, work and study of other people upstairs and constitutes environmental noise pollution, it is of course illegal. Questioners may require administrative personnel to perform their duties and impose administrative penalties on them. Of course, mediation can be conducted in the competent department of ecological environment or other supervision and management departments and institutions for the prevention and control of environmental noise pollution, or it can be handled peacefully. If mediation fails, you can sue again.

If mediation is carried out, there is no need for particularly clear evidence, only the fact that the noise disturbs the people can be used, and generally there is no cost for requesting the supervision responsibility of the administrative department. However, if the mediation is unsuccessful, because the amount of the bid is not large and the case is relatively simple, summary procedure is usually applied, and only more convincing evidence than the other party is needed at this time.

legal ground

Article 46 of the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Noise Pollution, when using household appliances, musical instruments or other indoor entertainment activities, the volume should be controlled or other effective measures should be taken to avoid causing environmental noise pollution to the surrounding residents.

Article 47 of the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Noise Pollution shall limit the operation time and take other effective measures to reduce and avoid the environmental noise pollution to the surrounding residents when carrying out indoor decoration activities in residential buildings that have been completed and delivered for use.

Article 61 of the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Noise Pollution: Units and individuals who are harmed by environmental noise pollution have the right to require the injurer to eliminate the harm; If losses are caused, compensation shall be made according to law.

Disputes over the liability for compensation and the amount of compensation may, at the request of the parties, be settled through mediation by the competent department of ecological environment or other departments and institutions for the prevention and control of environmental noise pollution; If mediation fails, the parties may bring a lawsuit to the people's court. The parties may also directly bring a suit in a people's court.