Research On The Right To Life

In recent years, with the constant improvement of the legislation of personality right, building the right of peaceful life attracts broad attention among the scholars of civil law in our country. Currently, in the substantive law, the right of peaceful life is not recognized as an independent right so as to be protected through the existing concrete personality right and general personality right. However, in the course of judicial practice, the lack of peaceful life right system has gave rise to a matter that the judge don’t know how to tackle related cases because no clause is regulated.In order to maintain a natural person life interests in timely and effective manner, this paper illustrates elaborately the boundary between the right of the peaceful life and other existing related rights in the ways which respectively are redefining the concept of the right of peaceful life, summing up its characteristics as well as powers and functions, distinguishing from related rights. At the same time, through studying advantages and disadvantages of protection patten of the right of peaceful life of two law systems and combining with China’s national conditions and the personality right legal system, The author suggests to add to a specific personality right-the right of peaceful life. In order to realize comprehensive protection for the interests of the natural person peaceful life, this paper illustrates four parts. They respectively are legislative selection, peaceful life right principle, constitutive requirements and responsibility system.