Sichuan daily news, full of media reporters, cao xiangen
"she usesThe shockerTo harass me, i call the police, contact the property, go to the street, don't open the door..." previously, a friend of the internet, through the sichuan province online mass work platform — asking quantuan, said that after a dispute with his upstairs neighbour, he had used a shocker to “counter-attack”。
Journalists have found that similar situations are not an example。
There are many social platforms where netizens share experiences of noise harassment by neighbours using “shock towerers” after a dispute with their neighbours; online shopping platforms also have products such as “shock wall knocker” “shock roofer” “noise anti-shocker upstairs” and some commodities are used with the guiding words “shawing upstairs” and “countering upstairs”, which alienate industrial equipment from “neighbor confrontation tools”。
Is it legal to use a “shock building” counter-attack like this? The sichuan daily news has been visited by all media journalists。
Promotion of products on internet shopping platforms。
Neighbourhood confrontation:
Six months of noise dispute, upgraded to a “shock tower counterattack”
"it didn't work many times. The property, the streets, the police, she didn't even open the door." speaking of the experience of the last six months, ms. Yang was very emotional。
She told journalists that she lived in a small district of the xinjin district of cheng city. In recent months, upstairs residents have frequently made “noises” during the day and night, awakening themselves in the middle of the night; while the matter has been brought to the attention of the property, street and even public security authorities, the other party has “not responded” to “no resolution” and the problem persists。
"more than that, she used a shocker, and i have video to testify." ms. Yang showed the journalists a video showing the sound of a constant and regular frequency of bangs coming from upstairs。
“isn't it illegal that the shocker of the other party went off from 9. 30 a. M. To 11. 30 a. M. On 11 october?” ms. Yang。
Ms. Yang, an online friend, uploaded the video and said that neighbours upstairs were troubled by the use of shockers。
Why do you use the shocker? The upstairs household woman has her own reasons. “we're normal, and she's come to trouble and says we're arguing about her.” she told journalists that she had been in “problems” downstairs for months, and that ms. Yang had gone upstairs to threaten her with words, not only in the public abuse of herself by her owners, but also in the course of a coordination of property companies。
She claimed that she had purchased a simple version of the “shock-building device”, which allowed the ping-pong ball to hit the ground at regular speed, with the effect of “noise strikes”, “they hit the ceiling downstairs and i could not bear to use it back”
Journalist searches revealed that multiple internet users were suffering from “shock building”-type equipment. When asked about the sichuan platform, there were numerous complaints: “a neighbor downstairs is suspected to have purchased a shocker, using a shocker at 11 a. M. And maliciously harassing his neighbour”; “a neighbor with a shocker starts at 22:00 p. M. To 01:30 p. M. And is now activated during the day, not less than six times to call the police”
And on social platforms such as little red books, some netizens share their experiences of using a shocker to “counter back” neighbours: “it took less than 24 hours for the property to suddenly be very active in contacting me and saying that upstairs there was a strong demand for consultation.” “a stretcher, a blue-tooth soundbox, set up itself a noise counteror, and no longer fear the neighbor's noise
Journalist survey:
Despite the green net project, some vendors sell the noise resistor, the vibrating roofer
The shock building, or vibrating motor, is an electronic machine that was originally used by industry for vibrating sifting, generally for coal mines, metallurgy, stone materials, building materials, medicine, chemicals, etc. Subsequently, the vibrating motor was “developed” by a number of businesses to “develop” new features, shaking through the floor and the wall by touching the floor or the wall and spreading the shaking without deterioration to the floor or opposite the wall. It was seen by some residents as a “godic instrument” to harass neighbours after a dispute。
Journalists search electrical platforms, such as poaching treasures, and find that when searching for “shock buildings”, some electrical platforms display “greennet plans” to shield the content. However, if journalists replace key words such as “updoor noise-proofing”, “updoor noise anti-shockers”, a number of shops will be found to sell the product。
The “ping-pong” shocker, which was purchased by the lady, was sold in large quantities, and journalists found that more than 400 such “ping-pong” shockers had been sold in a shop on the electrician platform。
In addition, journalists have seen a number of more powerful and specialized similar instruments available online. In the vibration motor product page presentation, a number of traders implicitly say the words “shock roofer” “shut-backing upstairs” and some marketers sell product pages with tile-aided stretchers, displaying through pictures “breathing the bluetooth soundbox to achieve vibration effects”。
Journalists opened a number of shops at random to sell vibrating motors and interacted with merchants, who, when asked whether they would damage the structure of the building, replied that they would generally not have an impact on the wall, and that a towel could be attached if they were afraid of scratches。
When journalists advise on the purchase of equipment to counter a neighbour's violation of the law, some say that it is not illegal to buy such products and, if they are concerned, do not detect the use of the machine; others quickly de-load the goods; others argue that “it is a toy and should not be illegal”
Some netizens evaluated the products。
Legal interpretation:
It is against the law to make noise to interfere with others, whether using a "shock building" or other means
Is it illegal to buy and use a “shock buildinger” to counter noise? On this issue, journalists consulted with lawyers and relevant officials of the public security service。
The relevant head of the security force of the provincial public security department stated that it was an offence to use a shock building or other means to cause noise and disrupt the normal life of others. According to the law of the people's republic of china on punishments for the administration of public security, “violation ofSocial lifeThe law on the prevention of noise pollution provides that any person who creates noise that interferes with the normal life of another person shall be warned; if the warning fails to correct it, the fine shall be between $200 and $500”。
Mr. Lin xiaoming, a partner of the sichuan-yao law firm, stated that it would not be illegal to sell a shock building if the production and circulation of a shock building were subject to the approval and authorization procedures and the quality requirements of the product were met. It is an offence, however, to use a “shock buildinger” after purchase to create noise that interferes with the normal life of others. At the same time, the use of “shock-building devices” may also infringe on the neighbouring rights of others and, in accordance with the relevant provisions of the civil code of the people's republic of china, incur civil liability for cessation of violations and compensation for damages. Of course, the use of “shock buildings” may constitute an intentional destruction of property if it results in other consequences and constitutes an offence。
In response to the contradiction between ms. Yang, a friend of the internet, and her neighbour upstairs, the small district property company in which they live said that it would continue to work with the two owners of the streets, the community and the public security organs in order to achieve reconciliation between the two parties and resolve the conflict at an early date。
