Comment On The Case Of The Citizen To Sue Public Security Sub-burea Unfulfilled Administration

As a popular form of fitness, Square dance has been playing an important role inpeople’s physical and mental health. However, its negative impact,the noise, hasbecome a hot complaining issue. This act constitutes a violation of the rights ofcitizens to rest,which can not be ignored. It is proposesed for the public authority tostrengthen noise control. The starting point of the discussion is how to effectivelysafeguard the legitimate rights and interests of citizens. This paper selects a case thatan urban resident Zhou alarm the public security organs for the disturbance due to thenoise caused by square dance neraby. Although the police accepted the case, therewas no desired results to Mr Zhou after investigation and negotiation. He submittedthe case to a people’s court. In recent years, because of noise, victims are likely totake actions by themselves. The case has become the first case between the squaredance noise and pulic power sector. On one hand, the legal consciousness of ourcitizensgradually increased; on the other hand, more attention of the public powershould be paid to such disturbing behavior. In such cases, divergences come from howto define whether the management of the noise belong to the legal responsibility ofthe administrative organ.To begin with a series of disputes, the paper tries to describe the definition ofnoise nuisance behavior, and explain the statutory duty of the public power. In fourways of non-performance of duty, the paper distinguish the administrative lawenforcement body from the “no action” and “failure to perfom”, analyze how itperforms, thus classifes the case discussed in this paper to the definition ofincomplete performance of duty, which should lead to a certain conclusion. The mainpoint of the paper tries to increase the public’s awareness of how to strenthen theadministrative capacity of the pulic power to contral the noise, and on the basis of itsanalysis, the paper also suggests the legislative level put forward a set of suitable filesto give a clear definition of the administraion’s leagao duty, to laid the supervison oflaw enforcement and to better the measures, so as to enhance the ability of thegovernment towards the public area.