Neighborhood dispute case analysis

    A male and female line next door neighbor. Due to a often gathered friends to play mahjong at home, sometimes all through the night, the noise seriously affected the normal rest B. B repeatedly to a family that he is not in good health, neurasthenia, and children learn, want a night not a nuisance. Once a family is playing mahjong, B also expressed dissatisfaction with the knock on the door. A that B in front of friends and his face, then make impertinent remarks, abuse B neuropathy. B is also at a job, like a gambler. The two sides resulting from the neighborhood quarrel, more than ten people, have to persuade the patient. A become shame, come forward to pull a B clothes said: "I am a gambler, you whore." B Xiufen, turned to go, but was a pull. Pull to earn between B shirt torn, upper part bare. After B by this humiliation, neural severely stimulation, neurasthenia heavier, not a normal life, work, where foreign therefore dismiss its. Treatment, recreation, living without the source, make body and mind, both by B property damage.

   The illegal behavior of a case are mainly two: first, staying up all night playing mahjong, making noise, disturb the normal order of life, to cause nuisance neighbour. This relates to the adjacent relations disputes in civil law, noise infringement on adjacent relationship "immeasurable objects invasion", the B can request to stop the infringement, compensation for damage. Of course, we think the noise against violations of civil right to rest and quiet residential rights, protected by the right of personality, but in view of our law and judicial interpretation did not recognize the right of rest, as the legal right of personality type residence peace, therefore can only apply to the general personality right protection clause, as adjacent relation specific. Two is a reproach B is a prostitute, and torn clothes behavior is an affront others, to B reputation right infringement. In addition, the civil disputes can also through the administrative punishment, if the circumstances are serious may also constitute a criminal offense.
   According to the law of our country, the civil dispute settlement, adjustment, can take action, also can bring criminal private prosecution.
   1 B with a through to reach a reconciliation, mutual understanding and mutual accommodation, settlement of disputes.
   2 B may request the people's mediation committee.
   3 B may bring a civil lawsuit to the people's court, the act constitutes a violation against the noise and the right of reputation, B may require a cessation of the infringement, and make an apology, compensation for losses, and may claim compensation for mental damage.
   4 B can bring criminal charges, a behavior has been suspected of committing a crime, the criminal law of our country stipulates 246th, insulting behavior constituted an insult crime serious, belongs to a case of private prosecution, B can also be incidental civil action, claim for compensation.