Research On The Legislation Of Environmental Noise Pollution Prevention

The enforcement of the China's Environmental Noise Pollution Prevention Law shows that people have gained a deeper understanding on the problem of noise pollution to the environment, and also knows that environmental noise can cause people's physical and mental health. The government of our country begins to control it on the level of the law. However, many problems in the practice of our lives make the implementation of the Act unsatisfactory. I get the answer through access to a lot of relevant information, combining with China's environmental noise pollution control, that many problems existing in the legislation of it lead to unnsatisfactory implementation of the Act.The understanding of the noise from the beginning to start, note the sound is a kind of wave in our daily life as a physical phenomenon, transmitting through the air and other media in the form of energy received by the human ear, and then through the brain decoding analysis will form the so-called hearing. Because there are individual differences in people, feelings of sound is different. Description of sound is linked with human perception. People often get experience about this, some people enjoy the music while others may feel annoyed. This is related with people in different mood states.Through the analysis of ambient noise and environmental noise pollution on the Environmental Noise Pollution Prevention Law, we can recognize that the sounds which interfere with other people'normal work, study and life are called environmental noise. The noise forms the environmental noise pollution when the environmental noise exceeding the national environmental noise emission standards.Why did the citizens have the right to request environmental noise pollution exclusion against it? By the analysis of the fundamental rights of citizens in the Constitution, we can find that rights derived from the citizen's right to survival and development. We can get the quiet right, deriving from the citizen's right to survival and development. That is to say the citizens enjoy an environment free from noise and the right to live. However, the enjoyment of quiet right is not unconditional. The citizens have to bear a certain degree of tolerance obligation incurred by the general context.In recent years, enforcement agencies of environmental law lack effective solutions on environmental noise pollution, facing to the rise in environmental cases, and the increasing number of disputes caused by the noise. Environmental law enforcement departments often encounter difficulties in legislation, feeling helpless. Since the principle of the law lack of appropriate implementation details supporting by legislation, enforcement officers have to face embarrassing situations. First, environmental noise emission standards and environmental quality standards are imperfect. With the development of society, many new noise pollution occurred. The legislation can not keep up with the times due to the lag in legislation. Emerging noise issues make the appropriate legal norms introduced, avoiding of environmental law enforcement officers being in difficulties. Such as the current low-frequency noise pollution problems, the relative departments have attached great importance to it. Under the current circumstances, the relevant department failed to work out corresponding low-frequency noise emission standards. Second, the executive body of the environmental unit have many departments in the government. As the administrative departments of environmental protection is the main body according to the environmental law, with the other administrative departments of enforcement supplementing. And the local governments are responsible for local environmental quality system, making environmental law enforcement inefficient, resulting cases in reality encountered by environmental law enforcement departments passing the buck either or competing interests for their own department management. The main environmental law enforcement is not clear, and law enforcement structure is very confusing. The reason is the lack of legislation on the issue of coordination among various departments to make appropriate provisions. Therefore, it is necessary to adopt legislation to create a perfect environment rule for coordination between law enforcement agencies, to coordinate the relationship between law enforcement agencies in environmental law enforcement.Finally, because law enforcement legislation on the environment only provides a warning, fines, the right of suggesting, environmental law enforcement forces is appeared weak. This directly led to the lack of means of enforcement in environmental laws. Environmental law enforcement is poor in law enforcement and dignity, the power of environment demands quick and timely response. The current system of enforcement is disproportionate. I propose, through, the administrative enforcement powers should be mandated to law enforcement agencies by way of legislation. This will strengthen the law enforcement to the environmental administrative, increasing environmental enforcement power to ensure effective enforcement of environmental laws to curb the worsening environmental problems.The particularity of environmental noise pollution make the current legal provisions on dispute settlement powerless in this category on handling of environmental pollution disputes. First, the environmental administrative departments of environmental noise pollution handles of disputes by means of conciliation and adjudication. Both methods have some degree of effect, but the actual result is not satisfactory, difficult to play functions on environmental administrative law enforcement organs. I propose the establishment of environment can be a separate law enforcement agencies in the executive administrative settlement mechanism, and designing appropriate procedures to solve the problem of convergence. The use of independent administrative processing for environmental dispute settlement system is characteristic of professional designs, and also widely used in a foreign country.Second, it also has some obvious deficiencies in a dispute solution. Disputes arising from environmental noise pollution is to be addressed by using a special form of violations in civil proceedings. That is to say, the victims need to show the evidence of loss of their rights before they can claim. Adopted the principle of burden of proof, the burden of proof to reduce the burden of the victims. However, due to the particularity of environmental noise pollution, that is the result of long-term harm, temporary endangerment. So the victims, suffering violations of environmental noise to produce evidence, may take several years before the emergence of hazardous results. By way of civil proceedings it is difficult to solve the problem of environmental noise pollution violations. In criminal proceedings, due to lack the appropriate subsidiary criminal law in environmental noise pollution control laws, real cases of environmental noise pollution is also not easy to be seen. At present, there are many provisions in China's criminal law. But only in a major environmental pollution accident does the crime likely apply to commit crimes in environmental noise pollution. However, the compositional elements of environmental crime are high, and therefore the case is rare in constituting a crime due to environmental noise pollution. To play a deterrent effect of criminal law, it is necessary to increase criminal liability in criminal subsidiary law to noise pollution Control Act, which makes the method harmony with the criminal law.In the law of environmental noise prevention, the contents of public participation in the formulation is imperfect. Because the main meaning of public participation is to require public participation in public affairs in decision-making functions, the law of noise provisions is involved after public participation. Participation after the end of the participation in pollution control, public participation is clearly an essential requirement on inconsistent. Therefore, it can improve public participation in legislation, the content, increase participation and things involved in pre-requirements. This involved the participation of the whole process, not only in substantive law provision, but should also have appropriate procedural safeguards. Because public participation is both substantive and procedural rights of the human rights, there must be ways and means to exercise their rights. Therefore, the realization of the right of public participation depends on the appropriate procedural, safeguarding development incomplementary rules of procedure.In summary, implementation of the results depends on the constant improvement in legislation environmental noise pollution control law. There are many shortcomings in the article, expressing my own views on the real problems existing in legislation, but remaining to be further improvement on legislation.