Discussion On The Quiet And Peaceful Right

The quiet and peaceful right is a certain kind of right, which the natural person enjoys to live a quiet, peaceful life in a healthy, comfortable place, without other people’s disturbance, The doer implements the harassment in the natural person’s reasonable individual space, till the harassment destroys the person’s inner peace after it exceeds general social tolerance.In the day with advanced high-tech, spam, junk mail, harassing call and measureless substance cause serious disturbance to individual space and living environment.In the civil legal system of our country,the quiet and peaceful right is not approved by law, but has obtained the attention of the public and academics, and has gradually become important legal interest in modern civil law protection. The quiet and peaceful right belongs to specific right of mental personality, and has differences in the connotation and denotation with several other specific rights. Other rights, especially privacy, cannot cover the quiet and peaceful right in the protection category, so it is necessary to create the quiet and peaceful right as a kind of newly typed specific right in the future personality right law and the civil code, in order to have a good idea about its connotation and denotation and protect it with more comprehensive legislation.Through the study on the connotation and denotation of the quiet and peaceful right as well as the infringement type and tort liability form, the essence and characteristics of the quiet and peaceful right have been abstracted. After comparison with other specific personality rights, the protection scope of quiet and peaceful right has been clarified, the definition of it has been defined, and the theoretical support of it has been provided. And at the same time, through the study on the present situation of the quiet and peaceful right protection by the United States, Germany, the representative countries of the two law systems, we shall learn experience from them, explore a legislation path suitable for quiet and peaceful right protection of natural person in the future civil code of our country, and seek a road to realize humanistic care for the individuals in our civil law.