An Empirical Study on the Application of Noise Standards in Noise Pollution Infringement Cases
Environmental standards derive their legal effect from the public law,so their enforcement should be limited to the public law.In environmental infringement cases,"exceeding the standard"does not mean a certain infringement,and the determination of such infringements must take into account the fact of environmental pollution.In empirical studies of noise pollution infringement cases,however,there is a tendency to a"unique theory of noise standard".This approach of accessing noise pollution solely based on exceeding established standards has brought about disputes over the effectiveness of compliance defense and the conflicts in the application of standards.The disputes arise from the fuzzy definition of"noise pollution"in the private law,the unclear positioning of noise standards and the obsolescence and contradictions within the noise standards.It is suggested to abandon the practice of the"unique theory of noise standard"in the private law.Besides,this paper introduces the theory of tolerance obligation in ca-ses involving the infringement of immeasurable objects and applies this theory throughout the judgment of tort liability for noise pollution.In addition,to enhance the application of noise standards in noise pollu-tion infringement cases,mechanisms such as"sunset clause"are to be established in the process of de-velop these standards.
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