In a recent case that has sparked widespread public interest, a Beijing resident named Lee, who lives in the Zhuangwei Garden residential complex in Fengtai District, was awarded 100,000 yuan in compensation for mental distress caused by noise from a basement pump. The case, which concluded with the second instance court upholding the original verdict, set a new record for the highest environmental nuisance damage compensation in Beijing. After the story was published, many readers called the newspaper asking about noise measurement methods, the application of noise standards, and the details of the trial. To address these concerns, the newspaper invited Judge Xu Lin, who presided over the first instance, to explain the case in detail.
Environmental standards remain the most direct legal basis for handling environmental disputes. According to the judge, if a standard is intended to protect the plaintiff's environmental rights, it should be strictly followed. However, when the standard fails to reflect the spirit of environmental legislation, other principles such as no-fault liability or burden of proof reversal may need to be considered.
The case involved Mr. Lee and his wife, who purchased an apartment in Building No. 7 of Zhuangwei Garden in June 2001. Shortly after moving in, they encountered persistent noise from the basement pump, disrupting their daily life. Despite some renovations, the issue remained unresolved. In September 2004, Lee commissioned the Fengtai District Environmental Protection Monitoring Station to conduct noise tests. The results showed that the noise level in the living room reached 39.7 dB at night, significantly exceeding the local standards.
Subsequently, Lee filed a lawsuit demanding that the developer eliminate the noise and compensate him for mental suffering, seeking 100,000 yuan. Medical records indicated that both he and his son experienced health issues linked to the noise. During the trial, the court ordered another test, which confirmed that the noise levels—44.1 dB during the day and 43.5 dB at night—exceeded the national environmental noise limits.
According to the "Urban Area Environmental Noise Standard" and related regulations, the nighttime noise limit in residential areas is 45 dB. The measured values clearly exceeded this threshold. Additionally, the "Noise Criteria for Industrial Enterprises at the Boundary" also sets similar limits. The court ruled that the developer must implement noise reduction measures within 60 days and pay 100,000 yuan in mental damages.
This case highlights the importance of environmental standards in legal proceedings. While these standards are essential, they often lag behind real-life situations and may not fully address modern challenges like low-frequency noise. The judge emphasized the need for clearer legal provisions and improved environmental standards to better protect citizens' rights and promote social harmony.
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