The Noise Pollution Prevention and Control Law, which was passed in December 2021, and was enacted on June 5, 2022, provides a stronger legal basis for preventing noise pollution, on top of the injunction and preservation measures in ecological environment infringement cases enabled by the Supreme People’s Court (SPC) on January 1. The pre-litigation injunction against a noise nuisance issued in April by the Haizhu district people’s court in Guangzhou, the capital of South China’s Guangdong province, was the first of its kind in China and has demonstrable significance for the application of related laws.
The SPC recently took questions from media concerning the courts’ measures in response to noise-related disputes, the reasons behind the Haizhu court’s noise injunction and its significance, the functions of the injunction provisions as a preventive measure and how injunctions should be regulated.
The relevant person in charge of the Environment and Resources Division of The Supreme People’s Court of the People’s Republic of China said that when the masses are polluted by noise, they may report it to the competent departments for ecology and the environment and other departments with the responsibility of prevention and management, or file a lawsuit with the people’s courts. For noise pollution dispute cases, the people’s courts will take the facts as the basis, take the law as the criterion, and try them fair following the law.