Older maternal neighbors play piano for a long time!Judge issued a ruling on the spot

Author:Harbin Daily Time:2022.09.11

One wall is the neighbor's bedroom, but regardless of the other party is an elderly mother, playing piano for long -term high frequency and large volume, which is uncomfortable. A few days ago, the judge of the People's Court of Chaoyang District of Beijing went to the location involved to investigate, and the pre -litigation behavior was issued on the spot. It is reported that this is the first case of "noise invasion" issued by the Beijing court before.

It is understood that at the end of 2021, the couple of Hu Moumou moved to Ms. Xu next door. Since entering, Hu Moumou has used triangular piano exercises for a long -term high -frequency and large volume. He has also launched a live piano course and uploaded piano performance videos on a self -media platform for display. The bedroom is only separated by a wall. As an elderly pregnant woman, Ms. Xu has been deeply affected by noise since pregnancy. To this end, she has negotiated with her neighbors more than once, hoping that the other party can install sound insulation or sound -absorbing measures to the room that plays the piano, but the two parties have not negotiated.

In July 2022, Ms. Xu gave birth. Because she is an elderly maternal and has a heavier output, she and her children are more urgent to need a quiet rest environment. Helplessly, she called the 12345 hotline to reflect the problem of noise invasion.

After Chaoyang District Social Contradiction Training Platform was arranged from the 12345 hotline channel to Ms. Xu's demands, it appointed the street spear adjustment platform to conduct mediation. There are many interpretation of the platform through the spear. Ms. Xu applied to the Chaoyang Court for pre -behavioral preservation measures, hoping to solve the current noise disturbance problem through legal channels.

After receiving the application judge Li Long, the case was first learned from Ms. Xu to learn more about the situation and specific situation of the noise invasion, and reviewed the video of the indoor situation when the piano played by Ms. Xu's self -recorded piano. Screenshots of 55 decibels and videos and other materials played at home that Hu Moumou uploaded at home at home. In order to understand the actual situation more objectively and comprehensively, Li Long also visited Ms. Xu's home and Hu Moumou's neighbors' home for the field inspection site, and learned about the relevant situation from the neighborhood committee and police.

On the afternoon of August 18th, Li Long came to Hu's home. He learned the piano position, indoor environment, and the volume of the volume when playing. He believed that Hu Moumou had reached the level of noise pollution. Ms. Xu applied for pre -behavioral preservation measures in accordance with the law, so she issued a civil ruling to the respondent Hu Moumou, ordered her to stop playing piano in the wall space with Ms. Xu within 30 days from the date of effect. After receiving the ruling, Hu immediately said that he would move the piano as soon as possible to other non -common wall rooms and strengthen other effective measures such as sound insulation.

On August 23, Hu Moumou had moved the piano to other house spaces that were not adjacent to the neighbor's walls and applied for a prohibition order. Subsequently, the court verified the site environment and confirmed with Ms. Xu and Mr. Wang that after the noise invasion had not continued, it issued a ruling of lift the ban.

Li Long told reporters that in recent years, noise complaints have remained high, and cases of noise pollution infringement have also occurred. On June 5, 2022, the "Control Law of the People's Republic of China" was formally implemented. Article 65, paragraph 2 of the law, stipulated that the use of household appliances, instruments or other family venues should control the volume or take other valid validity. Measures to prevent noise pollution. According to the relevant provisions of the "Sound Environmental Quality Standards" and "Social Living Environment Noise Emissions Standards", the environmental noise limit is 55 decibels in the day and 45 decibels at night.

Li Long said that if the situation is urgent and not applying for preservation immediately, it will make it difficult for the legitimate rights and interests to be damaged to make up for the damage. You may apply to the court of jurisdiction to take preservation measures before filed a lawsuit. Compared with litigation procedures, it is easier and faster to prohibit before applying for complaints. It is not only conducive to timely to stop the infringement behavior in time, but also helps promote reconciliation between the two parties. It also provides a new way for the resolution of noise pollution disputes.

Source: Rule of Law Daily

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