Analysing The Case Of Hospital Infringing Upon Patients' Tranquility Right

With the development of society, people need more and more protection on their legal rights. In legal practice, constantly the cases of infringing upon the state of citizens' peace of mind happen. In recognition of the need for such rights protection at the same time, laws of our country have no clear legal support on it. This article is divided four parts to patients hospital violated its tranquility right litigation case makes a legal analysis, and explores the tranquility right system in the judicial practice and legal theory.The first part of this case, introduced, including the point of view, the court found the situation as well as the trial court cases against the referee basis and results of judgment.The second part, to determine the original tell please protect the tranquility right is legally protected premise, through two case and the similar tranquility right infringement case, the argument in judicial practice the actual existence of peace rights protection, the judicial practice on protection of the rights and interests of tranquility right and peace the right to the concept 's positive attitude. " There is relief shall have the right to", identified coping tranquility right rights protection of the premises, it shall set up corresponding tranquility right system, and the legislation should not stop at the principal clause and the judicial interpretation, but in the later legislation to establish clear tranquility right system. Critical analysis of" the right generalization theory" to establish peace right negation. So far, there is in this case determined the original tell please protect peace related legal issues discussed the theoretical premise.The third part, to determine the original tell please protect rights is a peaceful right regulation range, according to the logic the right to privacy, right of reputation system respectively and tranquility right in connotation, denotation being partially overlapping, as well as academic, judicial practice and legislation in foreign countries the peace right into the right to privacy, reputation power system in the situation, in this paper, peace, tranquility right and the right of privacy right and reputation right to carry on the comparative analysis, demonstrates the tranquility right should be independent of the right of privacy, right of reputation and the connotation, denotation, and put forward the " focus on" theory to solve the peace with right of privacy, right of reputation Extension field problem, thus to tranquility right connotation, extension defined, identified in this case should not be the right to privacy and reputation right system is solved, and should be applied tranquility right system to solve.The fourth part, in order to solve the case of the infringement liability for damage identification problem, respectively, were identified in this case analysis of tort liability for damages of four elements. In determining the behavior of the accused tort fault this tort liability, first discusses the issue of imputation principle, on this foundation, through to the" medical" wide two explanations arising out of the two train of thought, according to" the Supreme People's Court on evidence in civil litigation provisions of the fourth paragraph eight,"" tort law" fifty-fifth, reached the same conclusion, that the defendant on the behaviors of no fault to bear the burden of proof, and the merits of cognizance the accused tort fault.The fifth part, the conclusion that case, put forward different from trial court opinion: the defendant to the plaintiff acts constitute a violation of the right of the defendant in peace, shall bear tort liability for damages, the court shall support on mental damage compensation claim. Pointed out that the trial court 's error is unable to correctly grasp the defendants ' diagnosis and treatment behavior fault, mistakenly identified the presence of faults are focus on the clinical detection of whether to allow a" false positive" presence, and ignored" tort liability law" stipulates that the fifty-fifth hospital explanation obligation. Finally, explored the current is not explicitly stipulated in the law system of the right to peaceful situations of this legal problem.