Is it legal to use it to solve the noise problem?
Recently, a short video on the Internet has caused a hot debate.In the video, Mr. Li, a cameraman from Nanning, Guangxi Province, took out an object in the shape of a flashlight and pressed it toward the aunts who were dancing in the square not far away. The sound suddenly seemed to be “dumb”.Aunts around the sound debugging fruitless, that the sound is broken, had to leave in succession.In recent years, square dancing has become a popular way of fitness for many citizens, while the noise caused by square dancing has been attracting much attention. What is the principle of the so-called “anti-square dancing artifact” in the video?Is it legal to use “artifact” to solve noise problem?Principle of “anti-square dancing artifacts” : By amplifying the transmitting power and remotely controlling the reporters of the Front Desk to input keywords such as “anti-square dancing artifacts” and “anti-square dancing blocker” on several online shopping platforms, a large number of sales links can be found, with prices ranging from dozens of yuan to more than 100 yuan.The sellers told reporters they had customers all over the country.The so-called “anti-square dancing magic device” is like a small flashlight, essentially a high-power remote control, working principle is to scatter or absorb infrared light, change the target’s infrared emission characteristics, disrupt or destroy the use of square dancing sound efficiency.The reporter noticed that the seller often claimed to be “square dancing sound destroyer” when selling, and the relevant link shows that its products have single transmitter tube and 7 transmitter tube, the latter has higher transmitting power and longer distance.The seven high-power tubes are capable of transmitting, sending out infrared remote control signals invisible to the naked eye, which can only be picked up by cameras.Merchants product introduction on the working principle of this product, guangxi nanning radio test center security chief li xiang to desk reporters, jammer is similar to the remote control type of transmitting equipment, the transmission power by amplification, can long-distance remote control related equipment, limited the scope of its remote control, is usually a particular frequency.Merchant product Introduction Police:Involving electronic signal shielding regulations do not allow the public sale of henan anyang city public security bureau Interpol brigade north commissioner bureau battalion chief Xu Taozeng in police work for many years, he tells a reporter, in the entertainment fitness activities such as singing and dancing in the square, the noise is the public security organs will be positive in conjunction with the departments to carry out the education persuasion street community,Strive for the cooperation of ecological environment, urban management and other departments to carry out joint governance.”The usual practice is that the police arrive at the scene, communicate with the convenor, turn the voice down or change the place, not near the community or adjacent to a large number of people, in case it affects others.”Is it legal to use “anti-square dancing artifact” to disturb other people’s sound?In Xu Tao’s opinion, the sale of anti-square dancing artifacts involves the relevant laws and regulations of electronic signal shielding. Under normal circumstances, relevant departments are not allowed to sell them openly on the market.’From a legal point of view, it depends on whether the goods for sale have relevant qualifications,’ Mr. Xu said.”Normally, the state is not allowed to sell this stuff because it involves electronic signal blocking.It’s like the signal transmitters that are sold around the exams, which are banned by the state.I think it would be irregular and, if not illegal, would violate the relevant laws governing the market.”Some lawyers say the use of “anti-square dancing artifacts” may also bring legal risks, depending on the nature of the artifacts.If the “artifact” is a kind of radio signal, it will be involved in the radio management regulations and other provisions, and may be suspected of illegal use.Dou Dongchen, a lawyer with Beijing Dishi Law Firm, said China has regulations on noise pollution that limit it to 55 decibels during the day and 45 decibels at night.But in real life, the application of relevant laws has practical problems.Dou dongchen said that in real life, once voices exceed the legal limit and disturb nearby residents, victims are unable to protect their rights in a timely and effective manner.If you choose to bring a lawsuit to the court, you may also be ruled not to accept or reject the lawsuit because you do not meet the filing conditions.Therefore, although there are laws for such disputes, it is difficult to solve the contradiction fundamentally.Dou Dongchen believes that, on the one hand, people have the right to entertainment and fitness, and people can conduct cultural and sports activities through square dancing.On the other hand, other people also have the right to rest and peace.While exercising one’s own rights, one should also bear the necessary obligation to tolerate the exercise of the rights of others.According to Ding Yanlin, an expert in the national database of environmental damage judicial Appraisal institutions and an associate professor at Northwest University of Political Science and Law, the supervision of the sale of “anti-square dancing artifacts” is currently in a blank area.Ding Yanlin believes that the “radio management regulations” is mainly aimed at the problem of spectrum resources.”Radio jamming is generally radio jamming that is done by law, that is, radio stations, and some wireless communications equipment.Judging from the present, the Radio regulations should not be used.If it is interference, it must be interference with things that are carried out according to law, and it is quite difficult to pass administrative management.”The revised law on the Prevention and Control of Environmental Noise Pollution will take effect on June 5, 2022, and disputes like noise pollution will be handled more rationally, Ding said.”The revised regulation is relatively detailed, is to control the sound and volume, do not cause a certain amount of interference to others.If so, the public security organs will manage it.It also mentioned that in squares or areas where noise is concentrated, noise monitoring instruments can be set up to display the decibel level of noise in real time. If the decibel level exceeds the decibel level, the public security organs can intervene in advance. If they do not listen to the advice, the public security organs have punishment measures, which can be solved through administrative management.”Source: Voice of China, China Media Group