夜间建筑施工噪声污染的行政执法探析

Analysis on Administrative Law Enforcement of Noise Pollution in Nighttime Construction

夜间建筑施工噪声污染行政执法过程中面临着各种困境。因地方夜间施工环境噪声执法主体的冗杂不一、处罚区间不明确而表现出法律适用冲突。行政部门具有专业性,但难以集众之所长于一身,在夜间建筑施工环境噪声的执法过程中表现出能力不足。为解决这一现象,需要在法律中作出明确性规定。完善信息共享机制,运用监测数据调控和预警机制等方式建立多部门联动执法机制。

Administrative law enforcement of noise pollution generated by nighttime construction is confronted with various difficulties. Due to the complicated enforcement subjects and unclear penalties during the local nighttime construction environmental noise law enforcement, there remains conflicts during the application of the law. The administrative department is too professional to gather all capabilities, which showed insufficient capacity in the law enforcement process of nighttime construction environment noise. In order to solve this phenomenon, it is necessary to make clear provisions in the law, improve the information sharing mechanism, and use the monitoring data control and early warning mechanism to establish a multi-department linkage enforcement mechanism.