The Case Analysis Of Noise Pollution Tort

In recent years, the disputes caused by noise pollution are increasing. On one hand, with the rapid developing of the modern society, the quality of people’s lives enhances continuously. People’s environmental consciousness and legal consciousness are also growing. The growing of noise pollution affects people’s daily work and life so that people cannot tolerance it. On the other hand, social development makes legal imperfections of the un-modified Law on Prevention and Control of Pollution from Environmental Noise gradually highlighted. There are so many unclear problems, especially on noise pollution of defined, infringement responsibility belonging and damages provisions, which means that noise pollution legislation still exists blind spot in China.The paper starts from a case of noise pollution tort, it in-depth studies of the case which has some controversial noise pollution problems. Finally it performs detailed analysis and proposals are raised. Divided into four sections:Part I, The basic facts of the case and the legal arguments of the problems are proposed, to a typical noise pollution infringement described as the starting point, according to its case to find out more prominent issues of noise pollution and the reasons for these problems.Part II, a detailed analysis of the relevant legal issues with the case, including the definition of the concept of noise pollution, tort damage compensation standards as well as the infringement of Causation Presumption, burden of proof.Part III, through the analysis and study of the problem of noise pollution, it combines with China’s basic national conditions and learns from the successful experiences in practice of foreign countries. Innovative suggestions to improve noise pollution legislation, strengthen relief efforts.Part IV, it contains the concluding statement of the full text.