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Who will solve the problem of noise and disturbance at the door?
According to the emission standard of community noise in China, the noise standard of residential areas should be controlled between 45 decibels and 55 decibels. If the noise exceeds this standard, it is noise disturbing people. Article 288 of the Civil Code (202 1. 1 came into effect) stipulates: "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, fairness and reasonableness." And Article 294: "Property owners shall not abandon solid waste and discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, light radiation and electromagnetic radiation in violation of state regulations.
Article 46 of the Law on the Prevention and Control of Environmental Noise Pollution: "When using household appliances, musical instruments or other family entertainment activities, you should control the volume or take other effective measures to avoid causing environmental noise pollution to the surrounding residents." Inform Mr. Ma's family: First of all, call the relevant departments (property and neighborhood committees) for help in time; However, if mediation fails, they can bring a lawsuit to the court in accordance with the above-mentioned legal provisions, demanding that the obstruction be removed and the losses be compensated.
It should be noted that if a lawsuit is filed with the court, the relevant departments need to identify the "music" noise coming from the building to prove that the noise really affects the normal life of the neighbors. If the upstairs neighbor's "music" really meets the noise standard, he should immediately correct his misconduct and bear the corresponding mental compensation responsibility.
Neighbor noise disturbs people, you can choose to call the police, complain to the competent department of ecological environment or bring a lawsuit to the people's court. According to Article 58 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, anyone who 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 shall be given a warning; If no correction is made after warning, a fine ranging from 200 yuan to 500 yuan shall be imposed.
Legal basis:
People's Republic of China (PRC) Public Security Administration Punishment Law
Fifty-eighth violation of laws and regulations on the prevention and control of noise pollution in social life, making noise to interfere with the normal life of others, be warned; If no correction is made after warning, a fine ranging from 200 yuan to 500 yuan shall be imposed.
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