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Is it annoying that the horn keeps ringing when selling things?

Legal analysis:

1. How to complain about shop noise disturbing people?

1. If residents feel that noise pollution in the residential area is disturbing the people, they can first report it to the property management company and let the property management company come forward to coordinate and solve it.

2. If the communication and coordination of the property management company fails, the owner can call 12369 to complain to the environmental protection department.

3. Call 1 10, and the police will punish the store accordingly.

Second, the relevant provisions of the Civil Code on noise disturbing people

1. After the implementation of the Civil Code, residents can directly defend their rights according to their own right to live in housing, and ask the court to order the infringer to stop the infringement and eliminate legal responsibilities such as obstruction. The so-called right to peace in private life is the right enjoyed by natural persons to maintain a stable and peaceful private life and exclude others from intrusion or infringement.

2. Article 1032 of the Civil Code explicitly brings the right to a peaceful life into the protection scope of the Civil Code. 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.

Three. Specific provisions of the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Noise Pollution on social life noise

1 Article 41 of the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Noise Pollution.

The social life noise mentioned in this Law refers to the noise that interferes with the surrounding living environment due to human activities, except industrial noise, construction noise and traffic noise.

"People's Republic of China (PRC) environmental noise pollution prevention law" forty-second.

In urban noise-sensitive buildings concentrated areas, commercial enterprises that cause environmental noise pollution due to the use of fixed equipment in their business activities must, in accordance with the provisions of the competent department of ecological environment of the State Council, report to the competent department of ecological environment of the local people's government at or above the county level the status of the equipment that causes environmental noise pollution and the facilities for preventing and controlling environmental noise pollution.

"People's Republic of China (PRC) environmental noise pollution prevention law" forty-third.

The boundary noise of newly-built commercial cultural and entertainment places must meet the environmental noise emission standards stipulated by the state; Do not meet the national environmental noise emission standards, the cultural administrative department shall not issue a cultural business license, and the market supervision and management department shall not issue a business license.

Managers of cultural and entertainment venues in operation must take effective measures to make their boundary noise not exceed the environmental noise emission standards prescribed by the state.

"People's Republic of China (PRC) environmental noise pollution prevention law" forty-fourth.

It is forbidden to use loudspeakers in commercial activities or attract customers by other methods that emit high noise.

Where air conditioners, cooling towers and other equipment and facilities that may produce environmental noise pollution are used in commercial activities, their managers shall take measures to ensure that their boundary noise does not exceed the environmental noise emission standards prescribed by the state.

Forty-fifth "People's Republic of China (PRC) environmental noise pollution prevention law".

It is forbidden for any unit or individual to use loudspeakers in the concentrated areas of noise-sensitive buildings in urban areas.

Organizing entertainment, assembly and other activities in urban streets, squares, parks and other public places, as well as using audio equipment that may produce excessive volume that may interfere with the surrounding living environment, must abide by the provisions of the local public security organs.

"People's Republic of China (PRC) environmental noise pollution prevention law" forty-sixth.

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 environmental noise pollution to the surrounding residents.

"People's Republic of China (PRC) environmental noise pollution prevention law" forty-seventh.

When carrying out indoor decoration activities in residential buildings that have been completed and delivered for use, the operation time should be limited and other effective measures should be taken to reduce and avoid environmental noise pollution to surrounding residents.

Fourthly, how to deal with the noise disturbing the police.

1, living noise between residential area and floors.

This kind of alarm is relatively easy to handle. After receiving the police, the police will first go to the door to understand the situation, explain the relevant factors to the other party, do a good job in targeted work, and generally solve the problem on the spot. Of course, there are some noises caused by different schedules. For example, some people work at night and rest at home during the day. In this case, the police can give some good suggestions to the parties in the process of dealing with the police situation, such as wrapping the legs of the stool with cloth, wearing soft-soled shoes instead of leather shoes when going home late at night, and honking the horn as little as possible when driving back to the community.

2. The noise caused by decoration construction disturbs people.

After receiving this alarm, the police come to know the situation. If the construction is on a normal working day, they can explain the situation to the policeman and ask him to overcome the difficulties, which can be solved after the construction is completed. If the constructor works during the rest time, the police can ask the constructor to adjust the construction time and inform the police of the disposal. At the same time, if the construction unit conditions permit, it can be equipped with some simple sound insulation measures to minimize noise.

The noise caused by the barking of animals, especially dogs, disturbs people.

The police must first find the owner of the animal, inform the owner of the animal, let him take care of his animal and try not to disturb others' normal rest at night. If it is an unattended animal, you can contact the relevant agencies to ask them to deal with it and inform the police of the results.

4, shopping malls, shops and other activities, marketing and other noise nuisance.

After the police come to the door, they can inform the store of the disturbance, make reasonable suggestions, contact the police in time and inform the handling situation. At the same time, inform the community police of this kind of alarm in time, so that the community police can understand the situation after disposal, whether the problem has been solved, and whether there are new problems, and work with the property, neighborhood committees or corresponding departments to resolve contradictions and disputes.

5. The noise generated by mass funeral activities disturbs people.

Setting off firecrackers at funeral is a folk custom in our country. With the progress of society, firecrackers are mostly improved into salute cars. However, this kind of salute car is loud and vibrates greatly. With the firing of guns with the funeral procession, the masses have a great response. In response to the funeral noise alarm, when the police handle it on the spot, they can inform the main family that the salute is only a memory of the deceased. Try not to play music at night, and try not to pass through the downtown area during the funeral.

Legal basis:

Article 45 of the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Noise Pollution prohibits any unit or individual from using tweeters in areas where noise-sensitive buildings are concentrated in urban areas.

Organizing entertainment, assembly and other activities in urban streets, squares, parks and other public places, as well as using audio equipment that may produce excessive volume that may interfere with the surrounding living environment, must abide by the provisions of the local public security organs.

Derivative problem:

What are the provisions of the new Public Security Administration Punishment Law on noise disturbing people?

1, Article 58 of the Law on Public Security Administration Punishment violates the legal provisions on the prevention and control of noise pollution in social life and creates noise to interfere with the normal life of others, giving a warning; If no correction is made after warning, a fine ranging from 200 yuan to 500 yuan shall be imposed. This directly brings the simple and common noise disturbing the people directly into the scope of legal adjustment.

2. According to the National Environmental Noise Standard for Urban Areas, in residential areas, the allowable outdoor noise level is 50 decibels during the day and 40 decibels at night, but in fact, the situation exceeding the standard is very serious. In daily life, there are all kinds of environmental pollution. If it is a major case of environmental pollution, once the criminal law is violated, it can be directly solved by means of punishment, and the criminal responsibility of the parties can be directly investigated. In social life, there are often some slight environmental pollution, and our environmental protection department has been dealing with it.