Research On Legal Issues Of Prevention And Control Of Noise Pollution In Social Life

In recent years,the noise pollution of social life has become increasingly serious,which has greatly affected people’s daily life,work and study.Therefore,the problem of noise pollution in social life is receiving more and more public attention.For this reason,China has formulated the "Environmental Noise Pollution Prevention Law of the People’s Republic of China"(hereinafter referred to as "Environmental Noise Pollution Prevention Law"),which is concentrated in Chapter VI.Relevant regulations have been made for the prevention and control of social life noise pollution.It provides a basic legal basis for the prevention and control of social life noise pollution.Various localities have also promulgated local regulations and actively explored new ideas for noise pollution control in social life.For example,the Wuhan Municipal Comprehensive Management Regulations issued by Wuhan City clearly clarified the noise management responsibilities of functional departments,using the urban management department as the department responsible for administrative penalties for noise pollution in social life and business operations;The “Noise Control Norms for Building Supporting Equipment” provides a basis for relevant departments to strengthen management.However,noise pollution due to social life is special compared with other types of pollution such as air and water.Therefore,there are many difficulties in governance,and new challenges are brought to the governors in terms of governance capabilities and methods.Moreover,the existing legislation in our country has not been able to solve the problem of noise pollution caused by the constantly changing society.Specifically: China’s social life noise pollution management system still has problems such as unclear responsibilities,decentralized law enforcement power,and single management subject;existing legal measures for noise pollution prevention and control mainly target other noise pollution,and for social life pollution prevention and control The sex is not strong;there is no effective damage relief mechanism for the noise of social life infringing on citizens’ rights and interests.To solve the above problems,we should adhere to and improve China’s existing governance experience with Chinese characteristics,especially in combination with the reform of urban law enforcement systems,and promote the establishment of a comprehensive urban management law enforcement system in the field of social life noise pollution control.And learning from the experience of noise pollution control in related social life in foreign countries,we must optimize noise standards in the process of amending and improving China ’s legal rights system in the "Environmental Noise Pollution Prevention Law",taking public health as the primary consideration and improving the pertinence of legal prevention measures.,Refine the "time-sharing and division" management and strengthen the constraints on the actors and restrict the use of sound reinforcement equipment,and improve the legal accountability mechanism,at the same time implement the administrative and civil liability commitments,and explore a country,The road to effective social life noise pollution control.