1. Regarding the management of square dance noise, the Property Law, the Property Management Regulations and other laws and regulations and the Convention on Community Management do not stipulate that square dance is not allowed in the community, and the property management company can only persuade and stop it, but has no right to ban it.
2. If the owner causes trouble to others in the process of exercising his rights, he shall bear legal responsibility, which is the neighboring right in civil law; If it belongs to public space, then all owners should jointly formulate management rules, and the property management company is responsible for implementing them. The question now is whether the place where the dispute arises belongs to the square managed by the government department or the square managed by the property company entrusted by the owners' Committee.
3. If it belongs to the area managed by government departments, government departments should come forward to maintain order; If it is a square in Little Square, or a residential area managed by a property management company, then the property management company should solicit the opinions of most owners.
The solution to this problem is to adhere to two principles:
The first is the principle of community autonomy, in which community residents make management rules and decide whether, how and when they can dance square dance in the community.
Second, property management companies should be authorized to manage. If the property management company involves the basic rights of citizens in the management process and needs police intervention, it should ask the police to intervene in order to punish the perpetrator in violation of the provisions of the Law on Public Security Administration Punishment.
Related content explanation:
There are relevant provisions on noise disturbing people, such as the Law on the Prevention and Control of Environmental Noise Pollution and the Law on Public Security Administration Punishment. However, in reality, it seems that there are few cases in which square dance disruptors are stopped and punished. While protecting the people's right to dance and keep fit, should the relevant parties also strengthen law enforcement, stop illegal and uncivilized behaviors in time, let those who violate the law bear administrative and civil responsibilities, and protect the people's right to rest?
Square dance disturbing people also involves the issue of public cultural services. The reason why square dance disturbs people is that there are relatively few public cultural service places and community residents lack activity space. The biggest problem of public cultural service guarantee is not the lack of public cultural service facilities, but the problem of fragmented management and inadequate management.