Pudong New Area on the South Flower City community, there is a strange phenomenon of a building, residents do not coincide to do the same thing, every household Tun a large pile of earplugs. This residential building is located in the middle of the community, it is reasonable to say that the most quiet location, what is going on? It turns out that the building 502 room occupants and upstairs 602 room conflict, an angry use of the floor shocker, this shock is five years.
A trivial matter earthquake building 5 years
A few days ago, the reporter came to the residents of the building, saw the power of the floor shaker. First of all, is a sound similar to the regular knocking hammer, three times a round, continuous. In addition, there is uninterrupted audio playback, listening to what seems to be some kind of “yellow audio”.
Residents told reporters that during the day because there is white noise, so it can still cover some, the most painful is to late at night, these noises will become unusually clear, the sound with the floor spread throughout the building, the whole building are suffering, the most they can not stand is that the noise is only a small part of the power of the floor vibrator.
“The most powerful, is a low-frequency vibration, this function is on, the whole building is shaking, shocking people’s brains buzzing, a few minutes to eat. “Residents said that under their protest, the family has slightly restrained, this function is now occasionally used, but the two noise attacks are carried out 24 hours a day, has continued for a full five years.
What exactly is the feud, so that the neighborhood into a nightmare? This reporter came to the home of Ms. 602 Wang, one of the parties involved, to understand the situation. Enter and see, Ms. Wang in the living room laid Simmons, where she sleeps at night, a pile of earplugs on the table, which is the standard for every household in the building. Her bedroom, is the main “attack” target, the noise here becomes unusually clear, the reporter used the phone decibel software test, the highest reached 68 decibels.
Talking about the feud with the downstairs, Ms. Wang sighed, saying that many years ago and their families are still good friends, walking together and shopping together, until a small thing happened in 2016 to turn against each other, triggering the “war” that lasted 5 years “.
At that time, Ms. Wang’s balcony aging water seepage affected the downstairs, because there is no good communication, this small matter gradually escalated, the two families from a close friendship became the same fire. By 2017, the downstairs began to use the floor shocker for “indiscriminate attacks”.
Neighbors “lying” suffering
Located in the forefront of the “attack” 602 natural suffering, Ms. Wang’s husband has long ago moved out to live. The other residents are also innocent “lying”, the most unlucky to 702 residents. 702 live an old couple, when the reporter went to the door, 85-year-old uncle Zhong is Sleep, can not sleep at night can only take a nap during the day, so life has lasted for five years.
His wife, Granny Wang, told reporters that his partner’s health was very good, is the rapid aging of the past few years, because their home is the closest to the “battlefield”, the sound in the bedroom is only a little lighter than 602 a little lighter. Originally poor sleep Zhong old uncle often sleepless night sitting until dawn, because of mental depression also fell twice, broke five ribs, originally hale and hearty he has been tortured to muddle.
At this point, other residents have also come to the scene is like a “spit conference”, they are also suffering from the past few years. One resident had not slept at home for a long time, and every night, after settling his wife and children, he went to his husband’s house to rest, because he did not sleep well, and the result of a sleepless night was that he could not go to work normally the next day. His children have complained to him more than once that they can’t study well because they don’t have a good night’s rest, but there is no way to escape from school right next door, and he is very worried that his children’s education will be affected by this.
Another resident was even more unlucky, having just spent ten million dollars on the house, and she now regrets that she didn’t actually find out about this situation when she was looking at the house. “I thought it was ordinary renovation noise, I didn’t expect it to be non-stop day and night, I can’t sleep well every day, I should have known how I wouldn’t have bought a house here. “
Forensics difficult to defend the right
Why not unite to stop this behavior? Residents lamented that what methods have been tried, to no avail.
The first is room 602, also used to knock on the floor and other ways to counterattack, but then attracted greater retaliation, coupled with the neighbors protest, can only be laid to rest. Other residents have communicated with each other, smashed doors, called the police, pulled electricity, petitioned, complained, filed lawsuits, written joint letters, and made building group conventions, but 502 only used one trick to solve the problem: “hold on and don’t come out “, there is no way to stop the earthquake building.
Whenever residents call the police, the police will go to the door, but knock on the door, the sound only temporarily stopped, and when the police left, the noise attack began to continue again. These years, the nearby police station police do not know how many times door-to-door disposal, but it is because of the difficulty of forensics, can not fix the evidence, can not be compulsory measures.
And even if the police lock the evidence, the means of punishment is very limited. According to the provisions of Article 58 of the Law of the People’s Republic of China on Public Security Management, for intentionally creating noise to interfere with the normal life of others, the first time to give a warning penalty; after the warning is still not corrected, will be punished with a fine of more than 200 yuan, 500 yuan or less.
Plus go to court, residents were told to go to the designated professional testing department to issue an environmental test report, if the decibel count exceeds the standard, before the lawsuit may be initiated. However, the testing agency said that the object of the noise detection, must be units, such as construction sites, factories and the like, can not be individuals, so through the judicial channel to solve also can not go on.
On the South Flower City neighborhood committee Zhang told reporters that the neighborhood committee has also taken a variety of ways to mediate, build a platform for residents to negotiate, but all to no avail. Yang, director of the letter and visit office of Shanggang New Village Street, also said that for five years they ran for this unknown number of times, and even to 502 residents of the unit communication, but was told that the person has retired, this is a personal behavior, the unit does not have the right to jurisdiction.
Refusal to communicate the claim is in doubt
What are the demands of the 502 residents? What are their grievances? How can we stop the earthquake building? The reporter came to room 502 to try to interview the parties, but no one has been answering the door. A resident told the reporter that Room 502 had contacted the family on their own initiative, telling them not to get involved and not to “mess” with them together with other residents.
“Their demands are very strange, and I still have trouble understanding them. “The resident said the couple came to the door and first complained about the impact of 602’s behavior on their lives, while other residents were helping 602 to “bully “They, the husband also said his wife has moved to other places to live, unless his wife can return to live here normally, or will not stop. But when it comes to the “earthquake building” matter, the couple will never mention. Some residents have also learned that 502’s demand is to get 602 to move out.
A resident once opened the door in room 502 saw the scene inside the house, installed several surveillance cameras, the table also put a bunch of earplugs, almost do not see the family go out during the day, only in the dead of night quietly out, elevator if someone, only take the stairs. So exhaustive, careful, against the pressure of the whole building bent on revenge, neighbors can hardly imagine what motivation makes them willing to sacrifice normal life, will harm others to persist in the end.
The company’s main goal is to provide a solution to the problem. “As long as they are willing to open the door to communicate, I will immediately go downstairs to apologize, or any other solution, can be discussed, as long as the earthquake building to stop anything is good. “Ms. Wang said, still remember and downstairs neighbors get along very happy time, now she sleeps every day on the living room Simmons will think, why things have turned out this way?
And the neighbors are even more teary-eyed, two families of neighborhood conflicts why the whole building? Why do you think you can just buy a floor shaker? Is there nothing the law can do about this kind of behavior? When will they be able to resume their normal lives?
Lawyer’s Statement
According to Song Bo of Shanghai Fangluo Law Firm, this case seems to be related to neighboring rights, but if we analyze it carefully, we will find that it does not comply with the provisions of the Civil Code on neighboring rights. The neighboring right is that the neighboring right holder should follow the principle of convenient life, solidarity and mutual assistance, fairness and reasonableness to properly deal with the neighboring relationship, and this right is built on the basis that one has reasonable needs for production and living, and takes into account the rights and interests of the neighboring parties while exercising one’s rights to pass, ventilate, light and other production and living needs.
However, in this case, the owner of room 502 used the “floor shaker” to deliberately create noise for a long time to obstruct the legitimate rights and interests of the neighboring parties, which has exceeded his reasonable living needs. It should be regarded as intentional production and emission of noise and other harmful environmental pollution factors, causing obstruction or damage to the neighboring party, and should be handled in accordance with the environmental tort liability dispute, requiring it to stop the infringement, remove the obstruction and compensate for the damage.
If we choose to deal with the dispute in accordance with the neighboring rights, there will be obstacles in the application of law and the burden of proof. However, if the dispute is handled in accordance with environmental tort liability, the penalty and burden of proof will be extremely unfavorable to the defendant, which may be able to get out of the current dilemma that all parties cannot solve.
Of course, when the court starts the judicial appraisal procedure in environmental tort disputes, the applicable measurement methods and evaluation standards will be different according to the defendant’s subject status: if the defendant is a business cultural entertainment venue or commercial business enterprise, the “Environmental Noise Emission Standards for Social Life” may be applied; if the defendant is an industrial enterprise, the “Environmental Noise Emission Standards for Industrial Boundaries” may be applied, respectively, with the above-mentioned If the defendant is an industrial enterprise, the “Environmental Noise Emission Standards for Industrial Enterprises’ Factory Boundaries” can be applied to test the low-frequency noise and evaluate whether the standards are exceeded; as for vibration, the “Environmental Vibration Standards for Urban Areas” will be used for testing and identification.
In this case, because the defendant is an individual, the special standard fully applicable to the residents’ living noise emission has not yet been introduced, which brings challenges to the court’s case hearing. The lawyer suggested that the test and identification of low frequency noise and vibration can be carried out with reference to the application of “social living environment noise emission standard” and “urban area environment vibration standard”.
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