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In this fast-paced era, noise pollution is becoming increasingly serious. With the continuous increase in noise pollution complaints, the division of responsibility in noise pollution cases has become an important principle that cannot be ignored. Today, we will share with you the principle of no-fault liability applicable to noise pollution.
There are three principles for attributing civil tort liability in my country: the fault liability principle, the presumption of fault principle, and the no-fault liability principle.
1. Fault-based liability principle
There is liability for wrongdoing, and no liability for no wrongdoing. Article 1165, Paragraph 1 of the Civil Code states that a person who infringes upon the civil rights and interests of others due to fault and causes damage shall bear tort liability.
There are four elements constituting liability for fault.
They are:
(1) Tortious act, the perpetrator has committed an illegal act of harm;
(2) As a result of the damage, the victim suffered harm;
(3) Causation: The damage was caused by the tortious act;
(4) Fault: The actor is at fault for the occurrence of the damage, including intent and negligence.
2. Presumption of fault principle
The law explicitly stipulates that certain circumstances are presumed to be the fault of the actor, and if the actor cannot prove that he was not at fault, he shall bear tort liability. Article 1165, Paragraph 2 of the Civil Code states that if the law presumes that the actor is at fault, and he cannot prove that he was not at fault, he shall bear tort liability.
3. No-fault liability principle
Where the law explicitly stipulates that a person shall bear tort liability, that person shall bear tort liability regardless of whether they are at fault. Article 1166 of the Civil Code states that where a person causes damage to the civil rights and interests of another, regardless of whether the person is at fault, if the law stipulates that they shall bear tort liability, that stipulation shall apply.
Article 1229 of the Civil Code stipulates that if a person causes damage to others by polluting the environment or damaging the ecology, the tortfeasor shall bear tort liability.
Article 1, Paragraphs 1 and 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Environmental Tort Liability Disputes (2020 Revision)" stipulate that if environmental pollution or ecological damage causes harm to others, the tortfeasor shall bear tort liability regardless of whether the tortfeasor is at fault. The people's court shall not support the tortfeasor's claim of exemption from liability on the grounds that the discharge of pollutants complies with national or local pollutant discharge standards.
The principle of liability for noise pollution is strict liability. Excessive noise levels are often instantaneous and changeable, and the harmful consequences are potential, making it difficult for victims to prove the fault of the responsible party. Therefore, in tort disputes arising from excessive noise levels, even if the responsible party is not at fault, as long as a tort exists and there is a causal relationship between the tort and the damage, the responsible party should bear the liability.
However, it is important to note that although the principle of no-fault liability applies, the tortfeasor can still raise defenses based on circumstances stipulated by law that exempt them from or reduce their liability. For example, if the polluter can prove that they have taken reasonable noise reduction measures, or that the damage was caused by the victim's own actions, their tort liability may be reduced or waived.
(The above content is excerpted from the Acoustics Alliance)
(Image source: Internet - please contact us for removal if it infringes on your rights)
(Image source: Internet - please contact us for removal if it infringes on your rights)
As can be seen from the above laws and regulations, in handling noise pollution cases, the main approach is to determine whether noise pollution exceeds the standards based on the relevant provisions of the "Environmental Noise Pollution Prevention and Control Law of the People's Republic of China," thereby identifying the primary responsible party. If noise pollution does exceed the standards, the responsible party should take corresponding noise pollution prevention and control measures to reduce the noise level. If noise reduction measures have already been taken and the standards have been met, the party's liability for infringement may be reduced or exempted. This not only protects the rights and interests of the parties affected by noise pollution but also safeguards the legitimate rights and interests of those responsible for noise pollution.
The key to noise pollution control lies in prevention. Whether it is an industrial enterprise or a residential house, appropriate noise reduction measures should be taken in the early stages of construction. Relevant departments should also take appropriate regulatory measures to avoid making it much more difficult to control noise pollution later. Let's work together to give society a peaceful and healthy living space.