Research and Analysis of Public Nuisance Dispute Problem for Noi
「Research and Analysis of Public Nuisance Dispute Problem for Noi」於資料集「EPQSummary_NoiseAndVibration」由單位「行政院環境保護署」的陳先生所提供，聯繫電話是02-2311-7722#2386，最近更新時間為：2023-07-30 01:01:50。 欄位Project Title的內容是Research and Analysis of Public Nuisance Dispute Problem for Noise ＆Vibration of Mass Transportation including High Speed Rail etc. ， 欄位Project Subject的內容是This is a two-year research project which is sponsored by Environmental Protection Administration, during the first year, we have accomplished at least the following four tasks.
1.We have collected and analyzed the judicial lawsuit cases and the administrative dispute disposal cases concerning the public nuisance such as noise or vibration caused by Mass Transportation vehicle including Taiwan High Speed Rail, Japanese Shinkansen Bullet Train and Korea Train Express.
2.We have spent a lot of time and efforts in studying various dispute disposal system of public nuisance in Taiwan, such as to bring a civil lawsuit to request compensation for damages, citizen complaints referral service, reconciliation, petition arbitration through village town and city arbitration committee to request compensation for damage, to request compensation according to the State Compensation Act, reconciliation, arbitration through administrative dispute settlement system of public nuisance .
3.We have explored the actual cases of the above-mentioned public nuisance dispute problems particularly focused on the point of dispute between the plaintiff residents along the railroad or around the airport and the defendant such as high speed rail corporation or government. We checked the lawsuits of Tokaido Shinkansen Bullet Train, Osaka International Airport, and Kyushu Shinkansen Bullet Train kagoshima Route. The courts describe the results of experiments concerning the impact of noise on sleep and point out that the noise disturbs the plaintiffs’ sleep and prevents them from recovering from fatigue and that noise of train or airplane disrupts the daily life of residents. It disturbs daily conversations, telephone conversations, and the reception of television and radio broadcasts. It is presumed that noise seriously affects intellectual exercise like reading, writing, and thinking. It lowers work productivity, especially during the evening hours, it disrupts family conversations and togetherness and creates adverse effects on family relations and associations with friends and relatives. The courts also find that the noise also effects education. It is presumed that even after the school building were sound-proofed(an action which reduced noise by 30dB), classroom work was still disturbed, and educational activities outside the buildings were exposed to the same noise as before. One also cannot deny that schoolchildren are disturbed when studying at home, and that students preparing for their entrance examinations have been seriously disadvantaged. Because the railroads, trains and the airport are clearly public facilities established and controlled by the government, therefore, the Civil Code art.709 and the State Compensation Act art.2(1) are applicable to these cases. We found therefore , that there have been defects in the establishment and management of the railroad and the airport and that the plaintiffs’ harms have been caused by these defects. The plaintiffs of the above-mentioned cases requested compensation in damages for past harms and attorney’s fee, and the requests were granted, but the injunction requested by Tokaido Shinkansen lawsuit and Osaka International Airport lawsuit were not granted owing to the public nature of those facilities.
On October 30, 2007, we have held a conversazione by inviting the staffs of Environmental Protection Administration and Environmental Protection Bureau and Taiwan High Speed Rail Corporation to discuss the problems and resolutions of public nuisance for noise and vibration caused by Taiwan high speed rail.
4 .Through the analysis and comparison of the problems and disposal system of the above-mentioned public nuisance caused in Japan and Korea, we re-examine the present mechanism for managing the public nuisance dispute problem in Taiwan to see if those system in Japan and Korea can fit and res... ， 欄位Project Year的內容是2007 ， 欄位Organizer的內容是Department of Supervision Evaluation ＆amp; Dispute Resolution ， 欄位Executive Unit的內容是國立中山大學 ， 欄位Reporting download URL的內容是https://epq.epa.gov.tw/ProjectDoc/FileDownload?fid=1755&proj_id=RHVFEMSCDT&doc_kind=1 ， 欄位Publish Date的內容是20080301 。
Project Title
Research and Analysis of Public Nuisance Dispute Problem for Noise ＆Vibration of Mass Transportation including High Speed Rail etc.
Project Subject
This is a two-year research project which is sponsored by Environmental Protection Administration, during the first year, we have accomplished at least the following four tasks. 1.We have collected and analyzed the judicial lawsuit cases and the administrative dispute disposal cases concerning the public nuisance such as noise or vibration caused by Mass Transportation vehicle including Taiwan High Speed Rail, Japanese Shinkansen Bullet Train and Korea Train Express. 2.We have spent a lot of time and efforts in studying various dispute disposal system of public nuisance in Taiwan, such as to bring a civil lawsuit to request compensation for damages, citizen complaints referral service, reconciliation, petition arbitration through village town and city arbitration committee to request compensation for damage, to request compensation according to the State Compensation Act, reconciliation, arbitration through administrative dispute settlement system of public nuisance . 3.We have explored the actual cases of the above-mentioned public nuisance dispute problems particularly focused on the point of dispute between the plaintiff residents along the railroad or around the airport and the defendant such as high speed rail corporation or government. We checked the lawsuits of Tokaido Shinkansen Bullet Train, Osaka International Airport, and Kyushu Shinkansen Bullet Train kagoshima Route. The courts describe the results of experiments concerning the impact of noise on sleep and point out that the noise disturbs the plaintiffs’ sleep and prevents them from recovering from fatigue and that noise of train or airplane disrupts the daily life of residents. It disturbs daily conversations, telephone conversations, and the reception of television and radio broadcasts. It is presumed that noise seriously affects intellectual exercise like reading, writing, and thinking. It lowers work productivity, especially during the evening hours, it disrupts family conversations and togetherness and creates adverse effects on family relations and associations with friends and relatives. The courts also find that the noise also effects education. It is presumed that even after the school building were sound-proofed(an action which reduced noise by 30dB), classroom work was still disturbed, and educational activities outside the buildings were exposed to the same noise as before. One also cannot deny that schoolchildren are disturbed when studying at home, and that students preparing for their entrance examinations have been seriously disadvantaged. Because the railroads, trains and the airport are clearly public facilities established and controlled by the government, therefore, the Civil Code art.709 and the State Compensation Act art.2(1) are applicable to these cases. We found therefore , that there have been defects in the establishment and management of the railroad and the airport and that the plaintiffs’ harms have been caused by these defects. The plaintiffs of the above-mentioned cases requested compensation in damages for past harms and attorney’s fee, and the requests were granted, but the injunction requested by Tokaido Shinkansen lawsuit and Osaka International Airport lawsuit were not granted owing to the public nature of those facilities. On October 30, 2007, we have held a conversazione by inviting the staffs of Environmental Protection Administration and Environmental Protection Bureau and Taiwan High Speed Rail Corporation to discuss the problems and resolutions of public nuisance for noise and vibration caused by Taiwan high speed rail. 4 .Through the analysis and comparison of the problems and disposal system of the above-mentioned public nuisance caused in Japan and Korea, we re-examine the present mechanism for managing the public nuisance dispute problem in Taiwan to see if those system in Japan and Korea can fit and res...
Project Year
2007
Organizer
Department of Supervision Evaluation ＆amp; Dispute Resolution
Executive Unit
國立中山大學
Reporting download URL
https://epq.epa.gov.tw/ProjectDoc/FileDownload?fid=1755&proj_id=RHVFEMSCDT&doc_kind=1
Publish Date
20080301
「Research and Analysis of Public Nuisance Dispute Problem for Noi」所屬的資料集：「EPQSummary_NoiseAndVibration」的其他資料
Project Title：
Noise Monitoring and Management 2020 in Tainan City
Project Subject：
Project Results Summary of Environmental Protection Bureau, Tainan City Government
1. Project Title
Project Year：
2020
Organizer：
Environmental Protection Bureau of Tainan City
Project Title：
Monitoring Measurements of Noise and Vibration of Ground and Aviation Transportation System
Project Subject：
The monitoring measurement and control of traffic noise and vibration (NV) is one important work to
Project Year：
2011
Organizer：
Department of Air Quality Protection ＆amp; Noise Control
Project Title：
"The project for reporting、joint inspection and control exhaust pipe certification of vehicle noise.
Project Subject：
"This project was mainly to assist the EPA to grasp the results of vehicle noise inspections in vari
Project Year：
2020
Organizer：
"Department of Air Quality Protection ＆amp; Noise Control"
Project Title：
Research on Non-ionizing Radiation Management and Environmental Monitoring Empirical Technology
Project Subject：
This project completed the measurement and evaluation of electromagnetic field levels in specific ar
Project Year：
2020
Organizer：
Department of Air Quality Protection ＆amp; Noise Control
Project Title：
"The control measure of noise reporting、inspection and performance"
Project Subject：
"This project assisted the EPA to operate and maintain the in-use vehicles noise reporting website s
Project Year：
2016
Organizer：
"Department of Air Quality Protection ＆amp; Noise Control"
Project Title：
Control measures for in-using motor vehicle’s noise and for prone to noise emission facilities
Project Subject：
This project assisted the EPA to operate and maintain the in-use vehicles noise reporting website sy
Project Year：
2014
Organizer：
Department of Air Quality Protection ＆amp; Noise Control
Project Title：
The study of traffic and environmental noise control and improvable measures
Project Subject：
This study collected and reviewed the measurement results of traffic and environmental noise from en
Project Year：
2011
Organizer：
Department of Air Quality Protection ＆amp; Noise Control
Project Title：
Street Fugitive Dust Improvement Plan of Chiayi City in 2011
Project Subject：
1.Plan Name：Street Fugitive Dust Improvement Plan of Chiayi City in 2011.
2. PlanTime：The project du
Project Year：
2011
Organizer：
Environmental Protection Bureau, Chiayi City
Project Title：
Noise Pollution Inspection on Public sentiment and Control Plan for 2019
Project Subject：
This project has been executed since Jan.,2019, including motor vehicle noise control, traffic noise
Project Year：
2019
Organizer：
Environmental Protection Bureau, Taichung City
Project Title：
"The vehicles noise control project"
Project Subject：
"Because of the high population density occupying the numerous buildings scattered across New Taipei
Project Year：
2016
Organizer：
"Environmental Protection Bureau, Taipei County"
Project Title：
"Research on Noise Control and Assessment with Detection Camera System Applied to In-use Motor Vehic
Project Subject：
"Among the petitions submitted in recent years, many have been complaining against the big noise mad
Project Year：
2018
Organizer：
"Department of Air Quality Protection ＆amp; Noise Control"
Project Title：
Tainan City noise monitoring plan
Project Subject：
This plan is to complete the operation and public pleads in the noise monitoring of Tainan City appl
Project Year：
2010
Organizer：
Environmental Protection Bureau of Tainan City
Project Title：
Implementation of the new vehicle type approval with regard to noise, the new vehicle spot check and
Project Subject：
The main work items of this project included: assist EPA (Environmental Protection Administration) t
Project Year：
2011
Organizer：
Department of Air Quality Protection ＆amp; Noise Control
Project Title：
Chiayi City Diesel Vehicle Air Pollution Control and Idling Motor Vehicle Park and Stop audit plan i
Project Subject：
As diesel engine has high output horsepower, it consumes relatively less fuel comparing with petrol
Project Year：
2020
Organizer：
Environmental Protection Bureau, Chiayi City
Project Title：
"The project for controlling construction noise and advancing prevention technology of construction
Project Subject：
"This project reviewed the content of noise control regulations and established principles or specif
Project Year：
2020
Organizer：
"Department of Air Quality Protection ＆amp; Noise Control"
Project Title：
"Implement of the new vehicle type approval with regard to noise, the new vehicle spot check and the
Project Subject：
"This project aims to assist EPA in examination of noise certificates for new vehicle types and all
Project Year：
2016
Organizer：
"Department of Air Quality Protection ＆amp; Noise Control"
Project Title：
Enhance implementation redelineation of each class of noise control zone in Tainan county
Project Subject：
I.environmental noise measurement
This plan carry out the test of environmental noise for all towns
Project Year：
2003
Organizer：
Environmental Protection Bureau of Tainan City
Project Title：
The project of analysis, examination and of treatment of noise complaint cases
Project Subject：
The noise complaint was one of the major public environmental pollution, the number of noise complai
Project Year：
2011
Organizer：
Department of Air Quality Protection ＆amp; Noise Control
Project Title：
The project for joint inspection、exhaust pipe certification and control of vehicle noise.
Project Subject：
This project assisted the EPA in operating the in-use vehicles noise reporting website system, and t
Project Year：
2019
Organizer：
Department of Air Quality Protection ＆amp; Noise Control
Project Title：
"Aviation Noise Control Project"
Project Subject：
"Defects are commonly seen in the operation of the aviation noise monitoring stations and control (m
Project Year：
2016
Organizer：
"Department of Air Quality Protection ＆amp; Noise Control"
Project Title：
Taichung City: Noise Pollution Inspection on Public sentiment and Control Plan for 2020
Project Subject：
This project has been executed since Jan.,
2020 , including motor
vehicle noise control, traffic noi
Project Year：
2020
Organizer：
Environmental Protection Bureau, Taichung City
Project Title：
"Noise behaviors and Aviation Noise Control Project"
Project Subject：
"The purposes of this project include: 1) counsel and assist the Environmental Protection Bureau (EP
Project Year：
2014
Organizer：
"Department of Air Quality Protection ＆amp; Noise Control"
Project Title：
Stationary pollution sources, Chiayi County 101 year continuous emission monitoring systems (CEMS) f
Project Subject：
1. Continuously the automatic monitor facility laws and regulations degree of conformity and the fun
Project Year：
2012
Organizer：
Environmental Protection Bureau, Chiayi County
Project Title：
"Noise behaviors and Aviation Noise Control Project"
Project Subject：
"Through the implementation of this project, it is hoped to understand the current situation and tre
Project Year：
2015
Organizer：
"Department of Air Quality Protection ＆amp; Noise Control"
Project Title：
Implement of the new vehicle type approval with regard to noise and diesel vehicle and quality consi
Project Subject：
This project aims to assist EPA in examination of noise and diesel vehicle certificates for new vehi
Project Year：
2018
Organizer：
Department of Air Quality Protection ＆amp; Noise Control
Project Title：
Development of underwater noise investigation technology for offshore wind power facilities.
Project Subject：
In recent years, the government has been dedicated to the development of green industry (including r
Project Year：
2018
Organizer：
Project Title：
"2016 Noise monitoring and management plan in Tainan city"
Project Subject：
"This project focused on the noise pollution is principally categorized into nine parts: 1) to compl
Project Year：
2016
Organizer：
"Environmental Protection Bureau of Tainan City"
Project Title：
2014~2015 Inspection and Management Plan of Vehicles Emission Inspection Station
Project Subject：
Project Year：
2014
Organizer：
Environmental Protection Bureau Kauhsiung City Government
Project Title：
2011 Chiayi City Diesel-Fueled Vehicles air pollution control project ＆ audit plan
Project Subject：
Diesel engines are widely used in passenger/cargo transportation and military and construction appli
Project Year：
2011
Organizer：
Environmental Protection Bureau, Chiayi City
Project Title：
The Study of Environmental Vibration Improvement Measures
Project Subject：
The study analyzed the reports of vibration in the past three years, and the results showed that the
Project Year：
2019
Organizer：
Department of Air Quality Protection ＆amp; Noise Control
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