USD
GBP
EUR
The first question: How serious is noise pollution at night in China?
Urban areas: Neighborhood noise (numerous cases, serious situation)
Rural areas: Factory noise (few cases, extremely difficult to resolve)
Whether in rural or urban areas, China's daytime and nighttime noise standards should comply with the provisions of the Noise Law:
Just how serious is nighttime noise pollution? In 2020, the environmental protection, public security, and housing and urban-rural development departments of prefecture-level cities and above across the country received approximately 2.018 million complaints about environmental noise, of which complaints about noise from daily life accounted for over 50%. Of that 50%, at least half must have been nighttime noise pollution. Based on some noise cases I'm currently aware of, nighttime noise pollution in cities mainly stems from neighborly disputes, such as upstairs neighbors staying up late, causing noise from washing up, walking, talking, etc. This data can be seen from the following ranking list;
Nighttime noise pollution in rural areas is mainly related to factories. Such cases are relatively rare, but they are often extremely difficult to resolve. Here is a recent example of a serious case I saw: In a rural area of Kaizhou District, Chongqing, a red brick factory was built 30 meters away from the home of villager He. It opened in 2011, and He began his noise pollution rights protection efforts in 2012, even installing a decibel meter at his doorstep to monitor noise day and night.
This factory operates at night because electricity is cheaper. The noise comes from three sources: first, the sound of bricks being crushed; second, the sound of bricks hitting the cargo box of a vehicle on a brick-carrying machine; and third, the sound of trucks and loaders climbing the slope as they enter and leave the brick factory. This enormous noise has severely disturbed the lives of nearby residents, but only Mr. He has been continuously fighting for his rights.
The brick factory was still operating this year. Mr. He said that every time the environmental protection bureau came to inspect, the brick factory seemed to know in advance and shut down. Several times, it was found to have excessive noise levels, but the relevant departments only ordered it to suspend operations for rectification, which was actually useless. In the first half of the year, Mr. He sued the county environmental protection bureau in court. A document presented by the environmental protection bureau stunned Mr. He: because Mr. He had reported the matter multiple times, his reports could be ignored.
I don't know if any law students will see this. If so, could you explain this sentence? The above case information was provided by Mr. He himself. If you want to verify this, you can search for "Kaizhou Environmental Protection Volunteers" on Douyin and WeChat.
The second question: Are the laws and regulations related to noise control just empty words?
Observe the inaction of law enforcement officers and the type of noise.
The case above, where the factory was found to exceed standards several times, demonstrates that the law is not merely a piece of paper, but rather depends on the actions of law enforcement. It should also be noted that the Noise Pollution Prevention and Control Law does indeed begin with warnings before imposing fines. Its deterrent effect certainly needs improvement.
Why do the police always fail to handle "noise pollution" issues?
The noise problem from upstairs is mainly caused by substandard sound insulation of the floor impact sound. The "Noise Law" mainly relies on community self-governance for this issue, while the "Code for Design of Noise in Civil Buildings" stipulates that the floor impact sound should be less than 70 decibels. It is unknown whether the developer has met the standard when delivering the house.
The third question: How can the relevant laws and regulations be upheld?
We need to consider this issue from the perspective of legislators:
1. CPI Assessment. In addition to strict enforcement by law enforcement agencies, a CPI assessment system can be implemented for relevant departments responsible for noise control, ensuring that those who should be diligently enforcing the law cannot fail to handle or act on noise cases every time they are received.
2. The noise monitoring capabilities of law enforcement agencies. The most difficult aspect of neighborhood noise pollution is that the police cannot determine the source of the noise or whether it exceeds safety limits, thus making it difficult for them to assign blame. This leads to complaints that the police are not taking action, but in reality, the police should also strengthen their understanding of noise-related laws and regulations and improve their monitoring methods.
3. The public is encouraged to actively report and appeal, regardless of whether it will be effective. When problems arise like a raging flood, they will eventually attract the attention of law enforcement.
Finally, as people's individual consciousness continues to awaken, noise problems will become more numerous and complex. Efforts in this regard should begin with the simultaneous popularization of noise awareness and sound insulation knowledge.