我国噪声污染法律制度的完善研究
发布时间：2019-05-11 04:36
【摘要】： 近年来关于噪声污染的案件越来越多,全球噪声污染有增无减,噪声污染已经成为影响人们身体健康和生活质量的严重问题。我国发布了《中华人民共和国环境噪声污染防治条例》,通过了《中华人民共和国环境噪声污染防治法》,对环境噪声污染防治的监督管理、工业噪声污染防治、建筑施工噪声污染防治、交通运输噪声污染防治、社会生活噪声污染防治以及法律责任等作了规定。但随着社会的发展,新的噪声源不断出现,噪声污染已经成为与水污染,大气污染并排的一大危害。但现行的噪声污染防治方面的法律法规和执行标准已经跟不上环境的发展进程。我国相关配套的法律法规比较滞后,现行法律的一些条款规定不合理不严密,对法律义务的设定只规定了受害者的权利,却没有规定排污者的法律责任。由于噪音污染执法主体的不明确,导致民众对噪声污染的投诉无门,铁路警察各管一段,互相推诿的现象经常存在。我国的环境噪声污染的监督管理体制是环境保护行政主导,行政部门的自由裁量权比较大因此需要加强噪声污染的法律监督显得尤为重要。我国的环境噪声污染防治法规定的法律责任过于原则,没有规定处罚的幅度。 本论文的主要内容要点。首先分析我过噪声污染防治法律制度的现状,以及我国噪声污染防治法在立法规定,执法主体,监管体制等方面存在的问题。其次比较一下国内外的环境噪声污染防治法的制度。以便借鉴,最后提出完善我国噪声污染防治法律制度的建议,完善相应的立法标准,完善执法主体,明确监管部门,和追究责任制度。 最后是本论文的理论建议,首先是立法上的创新。把一些新出现的群众反映强烈的低频噪声通过法规的形式确定下来,而且对于未来可能出现的噪音源辩证分析制定出原则性的规定,便于进行以后的控制。各个不同地区要根据本地的特点制定出相应的噪声污染防治法规,以便弥补我国现行噪声污染法的原则性过强的欠缺,使之更具有有效性。再就是要将一些比较成熟的法律规定问题以法规的形式确定下来,增加一些明确的禁止性规定。监管体制的创新,目前的噪声监管体制不健全,力度不够,编织人员和执法能力严重不足,需要结合实际,做出相应的设计。最后是要进行法律思维观念的创新,除通过审批程序加强源头控制外,还要在金融机构和环保部门联手对噪音污染排放超标者实行限制贷款方面的联合控制。
[Abstract]:In recent years, there are more and more cases of noise pollution, the global noise pollution has increased unabated, noise pollution has become a serious problem affecting people's health and quality of life. China has promulgated the regulations of the people's Republic of China on the Prevention and Control of Environmental noise pollution, adopted the Law of the people's Republic of China on the Prevention and Control of Environmental noise pollution, and shall supervise and manage the prevention and control of environmental noise pollution and the prevention and control of industrial noise pollution. Construction noise pollution prevention and control, traffic noise pollution prevention and control, social life noise pollution prevention and legal responsibility are stipulated. However, with the development of society, new noise sources appear constantly, and noise pollution has become a great harm along with water pollution and air pollution. However, the existing laws, regulations and enforcement standards of noise pollution prevention and control have been unable to keep pace with the development of the environment. The related laws and regulations of our country lag behind, some provisions of the current law are unreasonable and not strict, the setting of the legal obligation only prescribes the rights of the victims, but not the legal liability of the polluters. Because the main body of noise pollution law enforcement is not clear, there is no way for the people to complain about noise pollution, and the phenomenon of prevarication often exists in each section of the railway police. The supervision and management system of environmental noise pollution in our country is the administrative leading of environmental protection, and the discretion of administrative departments is relatively large, so it is particularly important to strengthen the legal supervision of noise pollution. The law of prevention and control of environmental noise pollution in our country is too principled and does not prescribe the range of punishment. The main points of this paper. First of all, this paper analyzes the present situation of the legal system of noise pollution prevention and control, and the problems existing in the legislative provisions, law enforcement subjects, supervision system and so on in the noise pollution prevention and control law of our country. Secondly, it compares the systems of environmental noise pollution prevention and control laws at home and abroad. In order to use for reference, finally put forward suggestions to improve the legal system of noise pollution prevention and control, improve the corresponding legislative standards, improve the main body of law enforcement, clear supervision department, and accountability system. Finally, it is the theoretical suggestion of this paper, the first is the legislative innovation. Some new emerging low-frequency noises reflected by the masses are determined through the form of laws and regulations, and the rules of principle are formulated for the dialectical analysis of the possible noise sources in the future, so as to facilitate the control in the future. In order to make up for the deficiency of the principle of the current noise pollution law in our country and make it more effective, different regions should draw up the corresponding noise pollution prevention and control regulations according to the local characteristics in order to make up for the deficiency of the principle of the current noise pollution law in China. Moreover, some mature legal provisions should be defined in the form of regulations, and some explicit prohibitions should be added. The innovation of the supervision system, the present noise supervision system is not perfect, the strength is insufficient, the knitting personnel and the law enforcement ability are seriously insufficient, need to combine the reality, make the corresponding design. Finally, it is necessary to innovate the concept of legal thinking. In addition to strengthening the source control through the approval process, it is also necessary to jointly control the loan restrictions on those who exceed the standard for noise pollution emissions by financial institutions and environmental protection departments.
【学位授予单位】：山东科技大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.68
本文编号：2474247
[Abstract]:In recent years, there are more and more cases of noise pollution, the global noise pollution has increased unabated, noise pollution has become a serious problem affecting people's health and quality of life. China has promulgated the regulations of the people's Republic of China on the Prevention and Control of Environmental noise pollution, adopted the Law of the people's Republic of China on the Prevention and Control of Environmental noise pollution, and shall supervise and manage the prevention and control of environmental noise pollution and the prevention and control of industrial noise pollution. Construction noise pollution prevention and control, traffic noise pollution prevention and control, social life noise pollution prevention and legal responsibility are stipulated. However, with the development of society, new noise sources appear constantly, and noise pollution has become a great harm along with water pollution and air pollution. However, the existing laws, regulations and enforcement standards of noise pollution prevention and control have been unable to keep pace with the development of the environment. The related laws and regulations of our country lag behind, some provisions of the current law are unreasonable and not strict, the setting of the legal obligation only prescribes the rights of the victims, but not the legal liability of the polluters. Because the main body of noise pollution law enforcement is not clear, there is no way for the people to complain about noise pollution, and the phenomenon of prevarication often exists in each section of the railway police. The supervision and management system of environmental noise pollution in our country is the administrative leading of environmental protection, and the discretion of administrative departments is relatively large, so it is particularly important to strengthen the legal supervision of noise pollution. The law of prevention and control of environmental noise pollution in our country is too principled and does not prescribe the range of punishment. The main points of this paper. First of all, this paper analyzes the present situation of the legal system of noise pollution prevention and control, and the problems existing in the legislative provisions, law enforcement subjects, supervision system and so on in the noise pollution prevention and control law of our country. Secondly, it compares the systems of environmental noise pollution prevention and control laws at home and abroad. In order to use for reference, finally put forward suggestions to improve the legal system of noise pollution prevention and control, improve the corresponding legislative standards, improve the main body of law enforcement, clear supervision department, and accountability system. Finally, it is the theoretical suggestion of this paper, the first is the legislative innovation. Some new emerging low-frequency noises reflected by the masses are determined through the form of laws and regulations, and the rules of principle are formulated for the dialectical analysis of the possible noise sources in the future, so as to facilitate the control in the future. In order to make up for the deficiency of the principle of the current noise pollution law in our country and make it more effective, different regions should draw up the corresponding noise pollution prevention and control regulations according to the local characteristics in order to make up for the deficiency of the principle of the current noise pollution law in China. Moreover, some mature legal provisions should be defined in the form of regulations, and some explicit prohibitions should be added. The innovation of the supervision system, the present noise supervision system is not perfect, the strength is insufficient, the knitting personnel and the law enforcement ability are seriously insufficient, need to combine the reality, make the corresponding design. Finally, it is necessary to innovate the concept of legal thinking. In addition to strengthening the source control through the approval process, it is also necessary to jointly control the loan restrictions on those who exceed the standard for noise pollution emissions by financial institutions and environmental protection departments.
【学位授予单位】：山东科技大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前3条
1 韩国鑫;《某市环境噪声污染防治条例》立法过程调查报告[D];哈尔滨工程大学;2011年
2 周晗;生活噪声防治法律问题研究[D];山西财经大学;2013年
3 陈春磊;噪声污染侵权的案例分析[D];兰州大学;2013年
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