【正文】 s Court. Article 62 If any person who is in charge of supervision or administration of prevention and control of noise pollution abuses his power, neglects his duty or conducts malpractice for personal gain, the unit to which he belongs or the petent authority at the higher level shall give him administrative penalty. If a crime is constituted, criminal liability shall be investigated according to law.
。 if such mediation fails, the parties may bring a lawsuit in a People39。s governments at or above the county level exercise the power of administrative penalty mentioned in the preceding paragraph, such decision shall be abided by. Article 61 Any unit or individual suffering from the hazards of environmental noise pollution shall have the right to demand the polluter to eliminate the hazards。s government at or above the county level. Article 60 Any operators or managers who, in violation of the provisions of Paragraph 1 of Article 44 of this Law, cause environmental noise pollution shall be ordered to set it right and may also be fined by the public security organ. Where the people39。 (2) Using, in violation of the regulations of the local public security organ, audio apparatus which produce such excessive sound volume as to impair the living environment of the neighbourhood when offering entertainment or holding gatherings in such public places as streets, squares or parks in urban areas。s government at the corresponding level for ordering, within the limits of its power granted by the State Council, the violator to suspend operation or close down. Article 54 Anyone who, in violation of the provisions of Article 19 of this Law and without approval of the local public security organ, conducts activities that emit sporadic strong noise shall be given a disciplinary warning or fined by the said organ in light of the seriousness of the violation. Article 55 Any unit emitting environmental noise that, in violation of the provisions of Article 21 of this Law, refuses to undergo onthespot inspection by the petent administrative department for environmental protection or by any other department or institution that exercises its power of supervision and control of environmental noise in accordance with the provisions of this Law, or resorts to fraud when being inspected, may be given a disciplinary warning or be fined in light of the seriousness of the violation by the said petent administrative department or the said department or institution. Article 56 Any construction unit that, in violation of the provisions of Paragraph 1 of Article 30 of this Law, conducts at night, in an urban area where noisesensitive structures are concentrated, construction operation that produces environmental noise pollution and that is therefore prohibited, shall be ordered to set it right and may also be fined by the petent administrative department for environmental protection of the people39。s government at or above the county level to set it right。s government at or above the county level. Article 52 Any enterprise or institution that, in violation of the provisions of Article 17 of this Law, fails to put the pollution under control at the expiration of the time limit, may be fined or ordered to suspend production or to relocate or close down in light of the hazards so caused, in addition to paying fees for excessive emission of noise as required by the State. The decision on a fine mentioned in the preceding paragraph shall be made by the petent administrative department for environmental protection. The order for suspension of production, relocation or closedown shall be issued by the people39。s government at or above the county level. Article 50 Any enterprise or institution that, in violation of the provisions of Article 15 of this Law, dismantles or leaves idle the facilities for prevention and control of environmental noise pollution without approval of the petent administrative department for environmental protection, thereby emitting environmental noise in excess of the limits prescribed, shall be ordered to set it right and also be fined by the petent administrative department for environmental protection of the local people39。s governments shall demarcate areas in the vicinity of obstacle clearance zones for the takeoff and landing of aircraft where construction of noisesensitive structures is restricted. To build noisesensitive structures within such areas, the construction units shall take measure to mitigate or avoid the impact of the noise emitted by aircraft in motion. The civil aviation department shall take effective measures to mitigate environmental noise pollution. Chapter VI Prevention and Control of Pollution by Noise of Social Activities Article 41 Noise of social activities, as used in this Law, means the sound that is emitted by manconducted activities and that impairs the living environment of the neighbourhood, other than industrial, construction and traffic noise. Article 42 A mercial enterprise that, in an urban area where noisesensitive structures are concentrated, produce environmental noise pollution as the result of its use of permanent equipment in the course of mercial activities must, in accordance with the regulations of the petent administrative department for environmental protection under the State Council, report to the petent administrative department for environmental protection of the local people39。s governments may, in line with the need to protect the local acoustic environment of the urban areas, demarcate nomotorvehicle or nohorn road sections and hours, and make them known to the public. Article 36 To build expressways, urban overhead road and lighttract lines that traverse areas where there are concentrated noisesensitive structures and that might produce environmental noise pollution, sound barriers shall be erected or other effective measures shall be taken to control environmental noise pol