USD
GBP
EUR
In the process of solving the noise problem, I encountered many similar comments:
The law is just a piece of paper; it's completely useless!
The police won't help, don't bother!
I've tried many ways to report them, but they don't care!
........................
Does this situation exist? Yes. Whose fault is it? It's hard to say.
So, should we completely abandon our trust in the law?
Here is a real-world example of using noise analysis to combat environmental noise problems:
The story begins:
Here's a brief record of my experience dealing with the noise pollution from the newly opened supermarket downstairs on December 7, 2019.
The supermarket opened around November 11th. From that day on, it broadcast promotional information loudly through loudspeakers 24 hours a day.
I ignored it throughout November. It was because it was a newly opened business. It's understandable that a new business would advertise widely.
For the next two days, the loudspeaker suddenly stopped working. I don't know why. Maybe someone reported it, or maybe the loudspeaker was broken.
Then it started playing again, this time at a lower volume, and it wasn't playing 24 hours a day anymore (it stopped after 7:30 PM last night). But the problem is, it still bothers me while it's playing. The supermarket is right across from my apartment, and its speakers are really powerful; I could hear it clearly even with the windows closed on the fifth floor, through triple-pane glass.
I checked the relevant regulations. The most compelling one is this one, from the "Environmental Noise Pollution Prevention and Control Law of the People's Republic of China" (2018).
Article 45 prohibits any unit or individual from using loudspeakers in areas with concentrated noise-sensitive buildings in urban areas.
And the explanations in the appendix:
Chapter VIII Supplementary Provisions
Article 36 The following terms in this Law shall have the following meanings:
(iii) "Noise-sensitive building concentration areas" refer to medical areas, cultural, educational and scientific research areas, and areas mainly composed of government agencies or residential buildings.
I'm located at the intersection of three different residential communities. There are shops on the ground floor, including some quiet car maintenance shops, nail salons, and after-school tutoring centers. It's a place where communities are connected one after another, so I assumed it was a predominantly residential area.
So I'm now in a "city area with a high concentration of noise-sensitive buildings." The next question is whether the noise source from the supermarket across the street is a loudspeaker.
I tried to find a legal definition of a "loudspeaker," but couldn't. I can only describe my subjective experience: even with the windows closed and not paying attention, I could still clearly hear its content; I was forced to hear it. This caused me to be irritable all day, making it difficult to think about complex problems and affecting my reading speed. It impacted my productivity.
Okay, although I couldn't find a definition, I'll call the police first. This is also the result of my research, which says that noise from commercial environments is more under the jurisdiction of the police.
I walked to the supermarket entrance and started waiting for the police. That's when I saw the loudspeaker at the entrance-it really was a loudspeaker, the kind that looks like a morning glory. I can't remember the last time I saw one of these old-fashioned loudspeakers.
After waiting for about three minutes, the police car arrived. The officers went straight into the supermarket and asked if the manager was there. The sales clerk said the manager wasn't. The officer bluntly said, "Turn off that loudspeaker right now. It's disturbing the peace."
Those few simple words worked. I then started explaining the law to the sales clerk, trying to pass on the legal knowledge I had found to their superiors through her. The police officer listened for a while and said, "You only need to know that law yourself," and reminded the sales clerk again, "Close it immediately." The sales clerk smiled obsequiously and said, "I'll put it away from now on."
It's said that men from Northeast China are known for their simple, direct, and efficient methods. Although they weren't interested in my legal education, I have to admit I like their style.
It's quiet now. The matter is temporarily resolved.
Finally, I'd like to add a few points:
First, throughout this process, I also consulted other legal documents, such as the "Social Environmental Noise Emission Standard," etc. However, none were as concise and effective as the one mentioned above. Because the one above:
Article 45 prohibits any unit or individual from using loudspeakers in areas with concentrated noise-sensitive buildings in urban areas.
It doesn't involve volume. It simply prohibits the use of high-volume speakers and periods. There's no room for negotiation. I think it's great, simple and easy to operate.
Secondly, I'm not a troublemaker. I don't make things difficult for others unless absolutely necessary. The reason I only called the police today is because after it turned its horn back on and lowered the volume, I tried to work with it. I tried to continue working and studying normally without changing it (I work from home and read a lot of materials every day). Only after this proved ineffective did I call the police. I hope that anyone reading this, if you've suffered from something similar to me, will consider trying the methods described above. If it's not a last resort, and you just want to eliminate another harmless sound, I suggest you think twice. Live and let live. Give every life space to exist.
Thirdly, sound is subjective. I saw a Baidu video that said noise pollution is defined by the result of an action; basically, as long as a result occurs-that is, a person feels noise-then the action constitutes noise pollution. I once consulted a lawyer friend, and he said the same thing. Since there is a subjective element involved, we need to think twice before complaining. Considering that "my subjective feelings may force the other party to make changes," I need to repeatedly examine whether my subjective feelings are reasonable and whether my demands are reasonable. Interestingly, not all sounds are equal. In my building (yes, in my building), I often hear piano practice, cello playing, and drumming (which is quite good; it doesn't sound like students playing, more like a professional band rehearsing). I don't complain, I've never even thought about complaining, because I don't think it's a problem. I can still study and work normally amidst the music and drumming.
From this definition, human speech is noise because its spectrum is irregular. So next time you're listening to heavy metal and someone is talking next to you, and you think it's noise, you're justified.
So there are shops downstairs (playing music quietly), and pharmacies (gently) playing promotional messages, but I don't see it as a problem, so I won't complain about them. There's no reason why, because sound is subjective. This might sound a bit unfair, but that's just how it is. I believe that basic human physiology is similar, and I believe that there are people in this building like me who can tolerate the sound of a drum set but can't stand supermarket promotional messages.
Finally, I want to say that through this experience, I have more confidence in our country's laws and in law enforcement officers. Often, the resources are always there; we just haven't discovered them yet.
I hope my sharing will be helpful to others.
Source: Anonymous user on Zhihu (Please contact us to delete if there is any infringement)