| The legislation of tort liability for environmental noise is becoming more and more perfect,but the consensus of "same case and same judgment" has not been formed in the way of investigation and trial of such cases.No matter from the perspective of theoretical construction or practical improvement,analyzing the problems presented in judicial practice of such disputes is the objective basis for further research.Environmental noise infringement can be divided into different types according to different standards.Based on the different division of the right of claim,namely based on the right of claim and the right of claim two kinds of environmental noise infringement;Based on noise pollution degree and radiation range division,namely general noise infringement and environmental noise pollution infringement.These two different classification modes appear to intersect in practice.The above judicial status can be confirmed by combing the judicial documents of the people’s courts in Tianjin on such disputes.Horizontally,the contents presented in the judgment documents are extracted,classified,sorted and summarized one by one,and the tables and data comparison are formed vertically,so as to restore the specific trial situation in practice as intuitively and objectively as possible.Through sorting out the judgment documents and searching the relevant data,it is found that the same case has different judgments in judicial practice,which is reflected in many aspects.Accurate application of the claim basis can help judges better grasp the focus of disputes in court.Evidence is one of the most important contents in settling disputes.It distinguishes the different burden of proof of the parties,reduces the burden of proof of the parties and helps to find out the facts of the case.The proof of causality is the most complicated link,and its determination is not optimistic in judicial practice.It is helpful to clarify the premise of the determination of causality and apply the provisions of "inversion of burden of proof" reasonably and legally.Improving the environmental public interest litigation system is conducive to solving the problems of such disputes in judicial practice.From the perspective of judicial practice,we can consider broadening the ways for procuratorial organs to accept cases,and clarify the attribution of environmental public interest litigation system can solve the above problems from the perspective of legislation to a certain extent. |
