Study On Protection Of The Peaceful Right

Peaceful right,is specific and spiritual personality right that people keep peace on his orher real life and spirit,and exclud others illegal intrusion.It contents three aspects:privatelife order has no intrusion,without the mental shock caused by others,such as fear andsorrow,and peaceful interest on certain condition.Its object cover a wide field.Itrestricted by public interests and people is its subject.There are three protected modeabout peaceful interests:the general personality right protection mode represented byGermany, the big privacy right protected mode represented by America,and independentprotection mode which is controversial now.Though general personality right protectionmode can provide comprehensive protection for individual personality interests,it hastwo disadvantages: its connotation and denotation are indefinite and it rely on thejudge’s discretion too much.In big privacy right protected mode, the concept of privacyis difficult to define and its denotation has great flexibility,which is bad for the judge’swork.The independent protection mode have advantages that the protection of the righthas clear basis, individuals have a complete range of private domain, civil rights systemis stable.In judicial practice, there are ways that protecting the peaceful interests byrelated rights or in the name of the "legitimate rights and interests" and even havingblank on the protection of peaceful interests,so the law on it is very necessary. Theindependent protection for peaceful right has two benefits:adapting to the strong needfor it and showing the independent legal status of peaceful right. Different from privacy,right reputation and neighboring right,peaceful right has an independent legal status,soit can not be protect by them.In addition, the general personality right protection modeland big privacy protection mode has a lot of defects and they are not suitable for ourcountry,and we should not use them.So making peaceful right a specific personalityright in law becomes the inevitable choice, which is also the final conclusion of thispaper.Finally,it is necessary to restrict about its established requirements,specific formsand exclusion. Being judged Infiringe to peaceful right,it needs to have tworequirements: the damage is not reasonable and serious.The main forms of Infringementfor peaceful right is harassment,gaving wrong information and the intrusion of thingsthat is can not measured.In addtion,it needs to clear there have two interests can not beprotected by peaceful right,which are individual emotional experience and incidentalpeaceful interests.Peaceful right is restricted by public interests also need to know.