The Supreme People’s Procuratorate answered a reporter’s question on a typical case of prosecuting public interest litigation to help prevent and control noise pollution

Cctv newsAccording to the WeChat official account news of WeChat of Supreme People’s Procuratorate, recently, the Supreme People’s Procuratorate released a typical case of public interest litigation to help prevent and control noise pollution. What are the characteristics of these typical cases and what measures will be taken to promote the public interest litigation in the field of noise pollution prevention and control? Xu Xiangchun, director of the Eighth Procuratorate of Supreme People’s Procuratorate, answered questions from reporters.

　　Q: What achievements have been made in procuratorial public interest litigation in the field of noise pollution prevention and control? What are the main considerations for this typical case release?

　　A: The prevention and control of noise pollution is related to the quality of people’s production and life, and the CPC Central Committee and the people have always paid close attention to it. General Secretary of the Supreme Leader stressed at the National Ecological Environmental Protection Conference that great efforts should be made to solve the noise problems at the doorstep of ordinary people. The Central Committee of the Communist Party of China the State Council’s Opinions on Promoting the Construction of Beautiful China in an All-round Way proposes to continuously implement noise pollution prevention and control actions. Procuratorial organs throughout the country thoroughly studied and implemented the supreme leader’s thoughts on ecological civilization and the supreme leader’s thoughts on the rule of law, strictly implemented the Law on the Prevention and Control of Noise Pollution in People’s Republic of China (PRC), focused on outstanding problems in the field of noise prevention and control, actively and steadily carried out public interest litigation, and achieved pragmatic results.

　　First, unified deployment of public interest litigation in the field of noise pollution prevention and control to ensure a peaceful and harmonious environment with the rule of law. With the development of economy and society, the number of complaints and reports about noise pollution continues to increase, which has become a strong ecological and environmental problem reflected by the people. In 2023, the Supreme People’s Procuratorate deployed procuratorial organs at all levels to focus on the noise pollution problem at the doorstep of ordinary people and carry out public interest litigation according to law. Procuratorial organs at all levels have handled more than 940 public interest lawsuits against noise pollution in industry, construction, transportation, social life and other fields, which has effectively promoted the solution of a group of people’s urgent problems. The second is to promote the responsibility of compaction noise pollution prevention and control, and to unite the synergy. Noise pollution has diverse sources, intertwined types and complicated causes, involving different industries and regulatory departments, and is prone to problems such as unclear responsibilities and poor connection. Procuratorial organs give full play to the synergy of procuratorial supervision and supervision of public interest litigation, promote the relevant administrative organs to administer according to law, and strictly implement the statutory duties of noise pollution prevention and control. At the same time, combined with handling cases, we will promote the improvement of the noise pollution supervision responsibility system and promote the coordinated governance effect of performing their respective duties. Jiangsu Provincial Procuratorate handled the noise pollution control project, and promoted 13 district and municipal governments to issue documents to clarify the departments responsible for noise supervision. The third is to insist on "running every case well with high quality and efficiency", so that public interest litigation can be handled with both strength and temperature. Pay attention to the accurate and standardized handling of cases, make overall plans for the organic unity of legal conditions, and do not engage in "one size fits all".Strive to achieve a win-win situation of protecting the normal life and peace of the people and serving the sustained and healthy development of enterprises. In the process of handling the noise pollution case of an automobile enterprise, the procuratorate of Wuxi City, Jiangsu Province, urged the local government and relevant administrative organs to coordinate the site for the parking of enterprise trucks, and included the evaluation of truck road operation routes in the planning to avoid noise disturbing people and potential safety hazards.

　　In this special issue, a typical case of procuratorial public interest litigation helping noise pollution prevention and control is released, mainly considering the following factors: First, give play to the role of work demonstration, and promote procuratorial organs at all levels to actively participate in the service noise pollution prevention and control actions, so as to improve the level of noise pollution prevention and control through procuratorial performance. The second is to play a guiding role in handling cases, and to promote procuratorial organs at all levels to more accurately grasp the key points and handling methods of public interest litigation for noise pollution prevention and control, and improve the quality and effect of handling cases. The third is to give play to the role of explaining the law by case, promote the implementation and publicity of the Law on the Prevention and Control of Noise Pollution in People’s Republic of China (PRC), and enhance the attention and recognition of all sectors of society on the prevention and control of noise pollution.

　　Q: What are the characteristics of the typical cases of procuratorial public interest litigation helping noise pollution prevention and control released this time?

　　A: There are 4 typical cases released this time, involving noise pollution in transportation, construction and social life, with the following characteristics:

　　First, focus on the hot and difficult issues of noise pollution prevention and control, and respond to the concerns of the masses. The prevention and control of noise pollution is related to the quality of production and life of the people. In recent years, the people have strongly reacted to noise pollution problems such as motor vehicles "bombing the street", square dancing disturbing the people, and illegal construction at night. In the typical case released this time, the Procuratorate of Yiwu City, Zhejiang Province urged the administrative organs to perform their duties in accordance with the law, carry out special rectification and long-term prevention, effectively rectify the noise pollution caused by motor vehicles’ "street bombing" and protect the people’s peaceful life; The Procuratorate of qiaoxi district, Shijiazhuang City, Hebei Province, urged the relevant administrative organs to solve the "long-standing problem" of square dance noise that plagued the masses through routine inspections and noise detection equipment; In view of the noise nuisance caused by illegal operation and night construction in the construction industry, the Procuratorate of Yingtan City, Jiangxi Province urged the administrative organs to investigate and deal with illegal problems according to law by means of hearings and procuratorial suggestions to ensure the normal rest of residents.

　　The second is to pay attention to solving the problem of investigation and evidence collection with the help of modern science and technology and experts. Noise pollution has the characteristics of instantaneity and fluidity, which requires high professionalism in investigation and evidence collection. In the typical case released this time, the procuratorial organ efficiently completed the evidence collection of excessive noise emissions by deploying procuratorial technicians to participate in handling cases, inviting professional volunteers to provide technical support and using technical evidence collection equipment. Procuratorial technicians of Yingtan City Procuratorate in Jiangxi Province conducted multi-point inspection at seven construction sites with many complaints in different time periods, and collected 28 test data to find out that some construction sites exceeded the standard for noise emission. The Procuratorate of Yiwu City, Zhejiang Province took the initiative to invite volunteers and experts in the field of environmental protection to participate in the investigation and evidence collection, and used digital sound level meters, latitude and longitude cameras, video cameras and other equipment to conduct multi-frequency, multi-time and multi-point on-site monitoring to find out the fact of noise pollution caused by motor vehicles’ "street bombing".

　　The third is to accurately apply the law and urge the main body of pollution prevention and control to fulfill the responsibility of rectification. In judicial practice, it is more complicated to identify the subject responsible for noise pollution prevention and control in the case of "road before house, house before road". The Procuratorate of Nantong Economic and Technological Development Zone, Jiangsu Province, held a hearing to invite representatives of administrative organs, volunteers, experts and scholars to participate in the demonstration. According to Article 26 of the Law on the Prevention and Control of Noise Pollution in People’s Republic of China (PRC), it was determined that the real estate development enterprises involved in the case had the obligation to take measures to reduce vibration and noise and urge the housing and construction departments to perform their supervisory duties according to law.

　　The fourth is to persist in grasping the front end, preventing diseases, and promoting noise pollution system management and source management. The problem of noise pollution is easy to rebound, involving many administrative departments, and it is necessary to build a pattern of noise pollution prevention and control with clear responsibilities, joint management and social governance. The Procuratorate of Yiwu City, Zhejiang Province, through handling cases, urged the administrative organs to refine and clarify the supervision responsibilities of relevant departments, demarcate areas where noise-sensitive buildings are concentrated, and actively promote the automatic monitoring of sound function areas. The Procuratorate of Yingtan City, Jiangxi Province has promoted the relevant administrative organs to establish a number of working mechanisms, such as regular inspections, information liaison and joint rectification, and formed a joint force of supervision. The Procuratorate of qiaoxi district, Shijiazhuang City, Hebei Province has promoted the administrative organs to carry out in-depth publicity on noise pollution prevention and control, and the code of conduct for fitness and entertainment personnel in yuen shin park to ensure the effectiveness of social co-governance.

　　Q: In the next step, what measures will the procuratorial organs take to implement the Law on the Prevention and Control of Noise Pollution in People’s Republic of China (PRC) and further promote the procuratorial work of public interest litigation on noise pollution prevention and control?

　　A: In the next step, the procuratorial organs will continue to focus on politics and the rule of law, identify and grasp the entry point for the integration of procuratorial public interest litigation into the prevention and control of service noise pollution, and promote the continuous improvement of sound environment quality with high quality and efficiency. First, around the key points, increase the intensity of handling public interest litigation for noise pollution prevention and control. Adhere to the basic value pursuit of "running every case well with high quality and efficiency", deepen the linkage between law enforcement and justice, continue to make great efforts to solve the outstanding noise pollution problem that the masses care about, and actively respond to the needs of the people for a better life. Second, combined with handling cases, continue to promote the improvement of the noise pollution prevention and control system. In view of the shortcomings and regulatory loopholes in the noise pollution prevention and control system found in handling cases, we will promote more areas to complete the delineation of noise pollution supervision responsibilities, establish and improve a long-term noise pollution prevention and control mechanism, promote the construction of local legislation and supporting systems for noise pollution prevention and control, and promote system governance and source governance. The third is to build consensus and pool the joint efforts of noise pollution prevention and control on a larger scale. Invite more deputies to the National People’s Congress, members of the Chinese People’s Political Consultative Conference (CPPCC) and volunteers to participate in the case-handling links such as clue provision, hearing consultation and follow-up supervision, and increase the publicity of the rule of law on noise pollution prevention and control in combination with cases, so as to help form an atmosphere of noise pollution prevention and control in which everyone is responsible, everyone participates and everyone benefits.