Citizens Quiet Right In The Civil Law And Its Relief Way

With modern industrial and commercial development, noise pollutionbecomes more and more serious. To protect the citizens’ right to enjoy thetranquil life becomes one of the important missions of many law fields, includingthe civil law. The dissertation first researches the right to tranquility originated inenvironmental law in the perspective of private law, attempting to define thecontent and nature of the right to tranquility and to demonstrate that the right totranquility should be regarded as a civil right in theory and also be included inwritten laws. It then researches the remedy system for the settlement of noisepollution disputes which can ensure the citizens’ right to tranquility on the basisof current civil action mechanisms and mediation systems. As for thesignificance of its academic achievement, the dissertation’s research on theright to tranquility in the perspective of private law may broaden the researchscope of the civil law and promote the communication and interaction betweenenvironmental law and civic law.The introduction mainly expounds why topic is selected and the backgroundand purpose of the research, as well as its theoretical significance andapplication value.Chapter One gives a brief introduction to citizens’ civil right to tranquility.Firstly, it defines the civil right to tranquility as a citizens’ spirit right to live andwork in a relative quiet environment and to be free from noise interference.Secondly, it gives comments on the provisions relating to the right to tranquilityfound in the Constitution, the civil law and the administrative law. Finally, itexplains the approaches used in the whole dissertation and the orientation ofthe research on the basis of the analysis of the study approaches of citizens’right to tranquility.Chapter Two researches citizens’ right to tranquility in the perspective ofenvironmental law theory. With the ever-growing environmental pollution, theresearch on environmental rights has developed stage by stage and provides afoundation for the definition of the meaning, nature and contents of the right totranquility. In order to protect the environmental rights effectively, the academicstudy on environmental rights in the perspective of private law appears inacademic circles. As for the right to tranquility, it contains more private interestsand should be protected by the civil law. Chapter Three researches the right to tranquility on the basis of the civil law.After the analysis of the current civil rights, such as property rights, personalrights, and right of adjacent, the research finds that the right to tranquility cannot be included in the existing civil rights of citizens and should be regarded as anew civil environment right.Chapter Four analyses the provisions relating to the protection of the right totranquility in laws and regulations of the United States, Germany and Japan,Korea, Taiwan, Macao. On the basis of the analysis, It put forward thesuggestions for the affirmation standard of the infringement of the right totranquility and the way to improve the dispute resolution mechanism in this field.Chapter Five researches the remedies for the infringement of the right totranquility. At present, the disputes caused by the noise are usually handled bythe administrative departments of environmental protection and public security.However, the disputes can not be well settled due to the difficulties to identifythe noise pollution and the overlapping functions of above-mentionedgovernment departments. The right to tranquility should be a citizens’ civil rightand the remedy system for such right including the lawsuits and mediationsshould be established on the basis of current Tort Liability Act.The conclusion summaries the main idea put forward in the dissertation andproposes that the legislators in our country should improve the laws relating tothe right to tranquility.