Make me quiet!"Noise Pollution Prevention Law" is officially implemented

The Law of the People's Republic of China on the Prevention and Control of the People's Republic of China (hereinafter referred to as the "Noise Law") was approved by the 32nd meeting of the Standing Committee of the 13th National People's Congress on December 24, 2021. Implementation, the "Environmental noise pollution prevention and control of the People's Republic of China" (hereinafter referred to as the "Environmental Noise Law") was abolished at the same time.

Compared with the "Environmental Noise Law", the new "Noise Law" has more detailed rules for social noise and life noise prevention and control, closer to life, pay more attention to people's livelihood, and comprehensively care for the peaceful life of ordinary people.

What are the differences, let's take a look

01

The "Environment" in the "Noise Law" removes the word "environment" in the old law, emphasizing that the object of legal norms is artificial noise, and avoiding environmental noise such as thunder, rain, wind, etc., such as thunder sound, rain, wind, etc.

At the same time, in response to some areas of noise, there is no noise emission standard in the field of noise, the "Noise Law" re -defines the connotation of noise pollution. On the basis of "exceeding the standard + disturbance of the people", the "failure and control measures in accordance with the law" will cause noise to interfere with others. The phenomenon of life, work and study is also defined as noise pollution.

"Environmental Noise Law" (abolished)

"Noise Law"

Article 2 The environmental noise referred to in this law refers to the sound of interference in the surrounding living environment in industrial production, construction, transportation, and social life.

The environmental noise pollution referred to in this law refers to the phenomenon of environmental noise that exceeds environmental noise emission standards stipulated by the state and interfere with the normal life, work and study of others.

Article 2 The noise referred to in this law refers to the sound of interference in the surrounding living environment in industrial production, construction construction, transportation and social life.

The noise pollution referred to in this law refers to the phenomenon that exceeds the noise emission standard or does not take prevention and control measures in accordance with the law, and interferes with the normal life, work and study of others.

02

Incorporate noise control into the content of government evaluation.

Article 5 The people's governments at or above the county level shall incorporate the prevention and control of noise pollution into the national economic and social development planning and ecological environmental protection plan, and incorporate the funds for the prevention and control of noise pollution into the budget of the government at this level.

The ecological environmental protection plan should clarify the targets, tasks, and guarantee measures of noise pollution prevention and control.

Article 6 The local people's governments at all levels are responsible for the quality of the sound environment of the administrative region and take effective measures to improve the quality of the sound environment.

The state implements the responsibility system and evaluation and evaluation system of noise pollution prevention and control, and incorporates the completion of the target of the prevention and control of noise pollution into the assessment and evaluation content.

03

The "Noise Law" strengthens the responsible subject of sound environmental protection.

Article 9 Any unit or individual has the obligation to protect the sound environment, and at the same time enjoy the right to obtain sound environmental information, participate and supervise the prevention and control of noise pollution in accordance with the law.

Units and individuals that emit noise should take effective measures to prevent and reduce noise pollution.

04

The "Noise Law" added compulsory measures, facilities, equipment, tools and items for seizure and seizure of noise pollution. The punishment has been strengthened, the fine or punishment form of different illegal acts is clarified, and the operability of grass -roots law enforcement can be enhanced.

Article 30 The discharge noise causes severe pollution, and if it is ordered to correct the rejection of rejection, the competent department of the ecological environment or other departments with the responsibility of preventing and supervising the supervision and supervision and supervision of noise pollution can be seized and seized. thing.

Article 82 In violation of the provisions of this Law, there is one of the following acts, and the department designated by the local people's government for persuasion education and order to make corrections; if they refuse to make corrections, they will be given warnings. For fines, a fine of less than 20,000 yuan can be punished by the unit:

(1) Using treble speakers in centralized areas of noise -sensitive buildings;

(2) Organize or carry out entertainment and fitness activities in public places, failing to comply with the regulations of the managers of public places, and no effective measures to cause noise pollution, or in violation of regulations to generate too much volume to generate audio equipment in violation of regulations. It

(3) Indoor decoration activities for buildings that have been completed and delivered are not carried out within the limited operation time in accordance with regulations, or no effective measures are taken to cause noise pollution;

(4) Other violations of laws and regulations cause social life noise pollution.

05

The "Noise Law" clearly prohibits noise to disturb the people such as bar and other commercial places. At the same time, operators in cultural entertainment, sports, catering and other places are required to take effective measures to prevent and reduce noise pollution. Other methods that continue to repeatedly issue high noise for advertising.

Organize or carry out entertainment, fitness and other activities in public places such as streets, squares, parks, etc., and shall adopt effective measures to observe the regulations of the managers of public places to prevent noise pollution; Large volume.

Article 61 The operators of cultural entertainment, sports, catering and other places shall take effective measures to prevent and reduce noise pollution.

Article 63 It is forbidden to advertise in commercial business activities or other methods of continuous repeatedly issued high noise for advertising.

For other noise generated in commercial business activities, operators should take effective measures to prevent noise pollution.

Article 64 It is forbidden to use treble speakers in concentrated areas of noise -sensitive buildings, except for emergency situations and special circumstances stipulated by the local people's government. Organize or carry out entertainment, fitness and other activities in public places such as streets, squares, parks, etc., and shall adopt effective measures to observe the regulations of the managers of public places to prevent noise pollution; Large volume.

Managers in public places should reasonably specify the areas, periods and volumes of entertainment, fitness and other activities, and can take measures such as automatic noise monitoring and display facilities to strengthen management.

06

The "Noise Law" also advocates that we have cultivated good habits in daily home life and forgive each other.

Article 65 Family and their members shall cultivate a good habit of reducing the production of noise. Take public transportation, breeding pets, and other daily activities to avoid generating noise to cause interference to surrounding personnel. quality.

Use household appliances, instruments or other family places to control volume or take other effective measures to prevent noise pollution.

07

Clarifying that life noise belongs to the jurisdiction of the public security organs, and it can be seriously investigated for criminal responsibility.

Article 87 In violation of the provisions of this Law, the noise of social life, failing to stop the dissuasion, mediation and processing, continuously interfere with the normal life, work and study of others, or other violations of public security management such as public order, obstructing social management The public security organs shall be punished by public security management in accordance with the law.

In violation of the provisions of this Law and constitutes crimes, criminal responsibility is investigated in accordance with the law.

Author: Xiao Li Ren Ting Ting

Source: Xuzhou Railway Transport Court

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