The seismic device that disturbs the people is actually used to protect rights How to effectively

Mondo Social Updated on 2024-01-31

A neighborhood dispute in a community in Changsha pushed the "building shaker" to the hot search.

Recently, the owner of a community in Kaifu District, Changsha reported to ** that two residents of the same building turned on each other's "building shakers" because of their vindictiveness, which made other neighbors unbearable. It is understood that the residents involved live on the 9th and 10th floors respectively, and the conflict between the two households was caused by noise. Residents on the 9th floor said that children often run around on the ceiling, which is very noisy. The owner of the 10th floor said that the child in the family has ADHD and is **. The conflict between the two sides intensified, and the residents on the 9th floor began to use the "building shaker". Soon after, the two families moved out one after another, and the noise of the "vibrator" also stopped for a while. But recently, the two families have moved back in, and both seem to have started using "shaking machines". After receiving the report, the property disconnected the power to the residents on the 10th floor, and the community and the police station are currently involved in coordination.

In recent years, the "seismic device" has frequently appeared in neighborhood disputes, and has been sold and used as a "noise counter-attack artifact". The reporter logged in to an e-commerce platform and entered keywords such as "seismic device" and found that a small number of merchants were selling related products, and there were words such as "solving noise", "counterattacking" and "not too noisy" in the page introduction, ranging from dozens of yuan to hundreds of yuan. According to the merchant, it is convenient and discreet to operate, and as long as it is attached to the downstairs ceiling when used, it will cause noise to the residents upstairs. Some products not only support mobile phone remote control, but also have different vibration gears, timing appointments and other modes.

The so-called "vibrating motor" is actually a kind of vibrating motor, which was originally used in the industry for vibrating screening, and will make a lot of noise when used, and after modification, it is used as a noise generator and enters the homes of residents.

The reporter's investigation found that many people have a misunderstanding of the "building shaker", thinking that it is just an ordinary tool that can be used to express dissatisfaction with the noise made by neighbors. In daily life, many residential buildings do not have sound insulation measures, and sometimes the sound generated by normal life will also interfere with the daily life of neighbors, resulting in neighborhood disputes. However, due to the difficulty of obtaining evidence, the difficulty of law enforcement, and the high cost of rights protection, it is difficult to resolve this kind of noise dispute, and some people will use "vibrators" to retaliate "tooth for tooth".

However, from the perspective of reality, trying to solve neighborhood disputes through "seismic devices" is tantamount to seeking fish from a tree, which will not only intensify the conflict and affect more neighbors, but also cause hidden dangers to housing safety. Someone not only broke the ceiling of their house, but also leaked the air-conditioning drain pipe upstairs. In the long run, it will even endanger the safety of the building.

Judging from China's legislation and judicial practice, the use of "building shakers" that affects the normal lives of others is a tortious act. China's "Law on the Prevention and Control of Environmental Noise Pollution" and "Public Security Administration Punishment Law" both clearly stipulate that those who make noise and interfere with the normal life of others can be given a warning or a fine of up to 500 yuan.

In fact, the "vibrator" is not a legal product in the first place, it does not have product approvals and licenses, and its production and sales are illegal. In October this year, the Haizhu District Court of Guangzhou City also issued a judicial recommendation to an e-commerce platform to "rectify the sales of seismic devices", and the platform subsequently removed all related products.

Lawyer Song Ancheng believes that the whole chain of "seismic devices" should be managed from the production, sales and use links, and every link of violations of laws and regulations must be strictly punished. For the "building shaker" on the market, it is necessary to seal it in time and not circulate it, and locate the manufacturer through the seller to plug the loophole from the source. Manufacturers that illegally produce and sell shall be punished in accordance with the law, and those who constitute illegal business operations and other crimes shall be investigated for criminal responsibility in accordance with the law. When an e-commerce platform discovers that a merchant is selling, it should promptly remove the relevant products from the shelves and deal with the merchant. In short, it is necessary for multiple departments such as network supervision and market supervision to pay full attention to it and crack down on illegal sales with the power of joint law enforcement.

At the same time, Song Ancheng said that there is no buying and selling without demand. If you want to fundamentally deal with the problem of "building shaker", you still have to start from the demand side. Residential buildings are supposed to be peaceful and quiet places where neighbors live in harmony, and when residents encounter neighborhood noise disputes, the first choice should be to seek help and coordination from the property management and neighborhood committees, and if necessary, they can call the police to deal with it, rather than using a "building shaker". If other neighbors are found to have used the "seismic device", the resident can also report it to the relevant authorities and ask them to stop the infringement. In particular, when it comes to public parts such as corridors and floor slabs, the property management company should quickly intervene for mediation and report to the relevant departments as appropriate to avoid causing a greater negative impact.

Take a look at the news knews editor: Jin Mei, Zhai Jing, Ruan Li).

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