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Are neighborhood disputes a big problem or a small problem?
Let's get a feel for it from some dialogues:
There was a conflict between the upstairs and downstairs neighbors, so we called the police. The police said: "You're all neighbors, so conflicts are bound to happen. Let's all try to understand and be more tolerant of each other. These are all minor issues."
The conflict between the upstairs and downstairs neighbors could not be resolved. The downstairs neighbor used a shaking device for five years, indiscriminately attacking the neighbors and causing them great suffering. This has become a major social problem.
The first situation is common, but the second situation recently became a trending topic.
Background of the event:
The vibration device, used for 5 years, was used due to a water leak from the upstairs apartment.
In a Shanghai community, a conflict arose between the residents of apartment 502 and apartment 602 upstairs. The aging water pipes in apartment 602 were leaking, affecting the downstairs neighbors. Due to a lack of proper communication, this minor issue escalated, turning the two families from close friends into bitter enemies. In 2017, the downstairs neighbors began using a "vibration device" to indiscriminately attack the apartment. Enraged, the downstairs neighbors used the device, and this continued for five years.
Residents told reporters that the white noise during the day can mask some of the noise, but the most painful thing is that at night when it is quiet, the noise becomes extremely clear and spreads throughout the building. The whole building suffers from it. What they find most unbearable is that the noise is only a small part of the power of the building vibration device.
Indiscriminate attacks cause immense suffering to neighbors.
Residents of apartment 602, located at the forefront of the "attack," are naturally suffering terribly, as Ms. Wang's husband moved out long ago. Other residents are also innocent victims, with the residents of apartment 702 being the most unfortunate. An elderly couple lives in apartment 702. When the reporter visited, 85-year-old Mr. Zhong was sleeping. He can't sleep at night and can only take naps during the day, a situation he has been living for five years.
His wife, Granny Wang, told reporters that her husband used to be in good health, but he has aged rapidly in recent years. Because their home is closest to the "battlefield," the noise in their bedroom is only slightly quieter than that in apartment 602. Mr. Zhong, who already had trouble sleeping, often sat up all night without sleep. His lethargy led to two falls, breaking five ribs. The once vigorous man has been reduced to a state of mental fog.
Follow-up to the incident:
After the incident was reported by the media, this "noise attack" stemming from a neighborhood dispute temporarily ceased. However, the shadow of the vibration device has not yet dissipated, and residents remain worried that the vibrations will return. The vibration device has been disturbing residents for five years, and the unresolved issue raises serious concerns.
Regarding this matter, some people will definitely ask why the neighbors of 502 don't sue him for "noise disturbance" and take legal action to protect their rights?
Good question. Let's first look at the penalties for disturbing the peace with noise from neighbors:
Using vibration devices to shake buildings is illegal.
Using a noise-generating device to disturb neighbors is a clear violation of the law. The Public Security Administration Punishment Law stipulates that anyone who creates noise that interferes with the normal life of others shall be given a warning; if the violation is not corrected after a warning, a fine of between 200 and 500 yuan shall be imposed. The current Civil Code and the General Principles of Civil Law applicable at the time of the incident both clearly stipulate the rights of neighbors, requiring proper handling of neighborly relations and allowing for the demand that the infringing party cease their infringing behavior.
Residents of the community have reported the incident to the police and filed lawsuits in court, but why are they unable to sue apartment 502 for "noise disturbance" ?
The police and the court responded as follows:
In this incident of noise pollution caused by a building noise device, the homeowner called the police multiple times. However, due to difficulties in collecting evidence, the police were unable to secure evidence and take coercive measures against the device. When the homeowner filed a lawsuit, they were told that they needed to obtain an environmental testing report from a designated professional testing agency . However, the testing agency stated that the object of the noise test could not be an individual, making it impossible to resolve the issue through legal channels.
Is it really impossible to file a lawsuit? Or do the police and the court simply not want to investigate further?
Let's look at some rare successful examples of neighborhood noise reduction:
1. This is a success story from China.
Residents successfully sued the developer and won 400,000 yuan in compensation due to noise from upstairs neighbors.
2. This is a successful case in the UK.
The upstairs kids were too noisy, and the court fined them 950,000 yuan.
It's not so much that they can't sue, but rather that they dare not make a judgment. A single successful case could have far-reaching consequences; with just one such case, all neighborhood noise disturbances would become documented, like volcanoes erupting across the country.
But what we lack now is just such a successful example.
What is the true nature of the 5-year-old building vibration device incident?
The problem with 502 glue isn't actually that difficult; to solve it, you need to see the essence of the problem.
In this incident, who is right and who is wrong? What is the root cause? If 502 is at fault, what about 602? Did the neighbors, community workers, and police realize this? Did anyone stand in 502's shoes and help him?
To be precise, it might not be that people can't handle 502, but rather that 502 can't handle 602. If 602 had actively assisted in resolving the issue from the beginning, or if 502 had received recognition and help from external forces, things wouldn't have developed to this point.
The difficulty in resolving neighborhood noise issues is also due to a lack of action.
Compared to water leakage issues, the more frequent conflicts between neighbors are actually related to noise, especially noise from upstairs and downstairs neighbors.
This problem is virtually unresolved in China, which is why neighborhood watch groups and the law are powerless against noise pollution from upstairs neighbors. Here's a simulation of the responses from various employers to noise complaints from upstairs neighbors:
1. I went to the upstairs neighbor first. The upstairs neighbor said: I can do whatever I want in my own home. What's it to you?
2. Helpless, I contacted the property management, who said: "We can't solve this problem either. The lack of sound insulation in the building is the developer's responsibility. Neighbors should try to understand each other."
3. Okay, I went to the developer, and the developer said: Our houses are inspected only after meeting national standards, so there is no problem.
4. There was no other way but to call the police. The police said, "We can't easily collect evidence; our workplace hasn't even provided us with a detection device." I could only give them a verbal warning; if they kept making a fuss, there was nothing I could do. Communication is the best approach between neighbors. Also, don't keep calling the police; it's a waste of police resources.
5. Use all kinds of complaints. The 12345 complaint platform replied: If the noise from the neighborhood exceeds the standard, a test certificate is needed to prove that the sound insulation of the residence is not up to standard. The competent department for noise issues is the Environmental Protection Bureau, and the responsible party is the developer. It is recommended to consult the Environmental Protection Bureau or negotiate with the developer to resolve the issue.
6. Environmental Protection Bureau: We are only responsible for outdoor construction noise exceeding standards, industrial equipment noise, and traffic noise. Noise pollution from neighbors is a neighborhood issue; we suggest consulting the police or property management for mediation.
What is crime? Crime is an individual's discontent with the ruling order. When a person feels they are being treated unfairly and receive no recognition or help from anyone, the seeds of crime are sown.
Neighborhood noise may seem like a minor issue, but it can escalate into a major problem affecting social harmony and stability. Addressing this issue should be a top priority to nip problems in the bud.
How should we solve the problem of neighborhood noise?
So how exactly can we solve the problem of neighborhood noise? Here are some personal suggestions from this public account:
1. The national standards for building sound insulation have been revised and are being strictly enforced. Currently, floor slab thickness is 8-10cm, and developers, in order to save costs, generally keep it at 8cm. Raising this minimum standard can prevent thin foundation slabs from making later repairs difficult. The standard for floor slab impact sound insulation is 75dB, which is generally acceptable, but during inspections, staff often completely ignore this, or only inspect the model rooms. Strictly adhering to the standards during inspections is one solution.
2. Provide subsidies to families who voluntarily soundproof their floors. Impact noise from floors is largely due to the solid nature of the flooring, causing noise to travel rapidly and penetrate deeply. Adding sound-absorbing and vibration-damping media between the floor and the subfloor can solve most upstairs noise problems. However, considering the inherent selfishness of human nature, few people will voluntarily do this. Initially, subsidies should be provided to encourage homeowners to voluntarily soundproof their floors. (Mandatory implementation remains difficult; it's easier to enforce if the apartment is a developer-supplied, fully furnished unit.)
Floor sound insulation and vibration reduction solutions
3. Increase police enforcement efforts against noise pollution. The lack of legal recourse and effective measures by the police and other government agencies emboldens upstairs neighbors to create noise with impunity and without fear. Strengthening police noise monitoring and enforcement, imposing fines and arrests where necessary, and utilizing credit records, will increase residents' fear of noise pollution. Combined with the previous point, this involves a combination of both firm and tactical measures.
If you have any better suggestions or opinions, please feel free to write to us.