住宅遭受交通噪声污染时开发商应承担的民事责任初探

Analysis on Responsibility of Dwelling Developers for Traffic Noise Pollution

从分析住宅遭受交通噪声污染时开发商民事责任的性质入手,探讨了现行声环境质量标准对开发商的适用性和合理性,阐明了开发商的责任范围,提出了完善住宅声环境质量标准的建议。主要结论:目前我国尚缺乏合理的约束开发商的住宅声环境质量标准;开发商的隔声减噪义务主要包括留出与道路之间的防噪距离和采取安装隔声窗、封闭阳台等隔声措施;应将门窗封闭状态下的室内噪声限值颁布为住宅声环境质量标准。

Based on the analyzing the nature of civil liability for residential developers about their developed dwellings polluted by traffic noise,the applicability and rationality of the current standards of acoustic environmental quality are discussed.The responsibility of developers is defined and the perfection of standards for acoustic environmental quality in residential area is suggested.It mainly concludes as follows： it is still a lack of standards for acoustic environmental quality to reasonably restraint the residential developers;residential developers＇ duty comprises keeping distance between dwellings and roads to control the noise,and taking measures of sound insulation such as acoustic windows,closing of balcony and so on;the indoor noise limits with doors and windows closed should be set as the residential acoustic environmental quality.