Study On Right Of Private Tranquility

With the development of society, humans have more demands onthe environment of living and quality of life. Along with the progress of the society,the population has expanded rapidly and the pace of life has accelerated as well,which result in unprecedented damage to personal peaceful life. People pay more andmore attention to the protection of personal tranquility interest. As one of the ways toprotect people’s tranquility, legislation has become the consensus. So what kind oflaw will protect one’s tranquility perfectly? Scholars and judges have differentopinions as regard to this question. This paper holds the view that the tranquilityshares the same character with privacy. Tranquility emphasizes that individual hasright to enjoy their private spirit, which is consistent with the purport of privacy.Therefore provisions should make tranquility interest into the privacy right to protectone’s private tranquility right. This paper is consisted by four parts:The first chapter is to define the interests of tranquility. Only when the object oftranquility is explicated can we discuss the building of law system of tranquility. In acivilized society,“tranquility" means each person has the right to enjoypeaceful living status and mental status. Specifically, tranquility interest includes twokinds of aspects: one is the tranquility of family life and one is the tranquility ofpersonal areas. Therefore, the tranquility is an independent non-physical interest ofpersonality which protects people from others’ unlawful interference, and it needs lawprotection badly in China. The second chapter describes the status quo of tranquility interest’s protection inChina. In real life, people’s tranquility interest has been violated seriously. Theviolations include: monitoring and surveillance, peeping behavior, intrusion behaviorand interference behavior etc. In terms of law, China is lack of legislation and haschaos in judicial practice, so the tranquility interest can not be protected effectively. Ingeneral, the reasons of violation of tranquility interest have three main aspects:the change of living mode, the development of technology and mass media, and thelack of law.The third chapter puts forward that the tranquility interest should be classified asthe content of privacy right to create private tranquility right. The reasons have threepoints: First, the implication of tranquility is consistent with privacy. Civil peace rightis contained into the concept of privacy, the value of privacy and the content of theprivacy right. Furthermore, putting the tranquility interests into privacy protection is acommon practice in other countries’ legislation. By comparing the relevant provisionsof American law, German law and French law, China should learn from them andmake private tranquility law system. Finally, whether establishing the independenttranquility right, or letting tranquility interest into other personality right, theseattempts are not conducive to the improvement of the legal protection of thetranquility interests in the current legal system.The fourth chapter discusses the composition of liability of private tranquilityright. The liability includes three points: first, there is intrusion of private tranquility;second, the intrusion destroyed others’ privacy; third, the harassment makes a rationalperson highly disgusted. When one’s intrusion meets all these conditions, he shouldbear the responsibility of private tranquility right.