| Right to peaceful life is a natural person can accord to his will in personal life environment or space to deal with personal affairs, personal activitie, make their own living space without being interrupted, maintain stability and order, and to exclude others for the stable and orderly environment of illegal interference with a specific personality right. With the continuous development of society, the progress of science and technology, infringes upon the way of people’s living rights and interests is more and more diverse, people want to live peaceful calls more and more interests are protected. And at present in our country civil law legal system, and not to the right of peaceful life independent regulation, but with the emergence of some new rights, to peaceful life rights and interests protection also has received the attention, gradually become the important method to protect all of the civil law. I would like to combining their understanding in peace for the individual interests, on the basis of through the collection and analysis of literature, can have some ideas to protect the interests of the individual peace, little of the power to build the rule of law and harmonious society. Full text is divided into four parts altogether:The first part is about the right of peaceful life. This part mainly from the concept, characteristics and nature of the right to peaceful life of the basic elements of this tripartite face right to peaceful life made a definition, which included in the definition of the concept of the peaceful life benefit protection on the name of the definition of the definition and connotation of the definition of characteristic mainly from the subject and object to write, through to the definition of basic elements, as the later specific analysis of the right to peaceful life done.Written in the second part is the theoretical basis of building peace life right system. From man’s value theory value theory, security and freedom, human rights theory and the theory of personality right these four aspects to discuss the construction of a peaceful life right system theoretical basis. The right of peaceful life build is not imaginary, through the analysis of the four aspects, as to provide theoretical basis for this paper put forward the construction of peaceful life right.The third part is to build the right of peaceful life necessity and feasibility analysis. Necessity analysis mainly from the real situation, the demand of the judicial practice, and construct the rights to perfect the system of personality right in this a few aspects, which also lists the life case to illustrate a right to this demand, better description for the construction of the right of peaceful life is hope. And feasibility analysis, mainly is the analysis of the current legal provisions about the interests of the peaceful life, the present situation in the judicial practice this a few aspects to show that under the present situation in our country to construct peaceful life right is feasible. The fourth part is to the idea of right to construct a peaceful life. The first part of the United States and Germany in the peaceful life interests protection has carried on the simple analysis, and put forward the "civil code" in the future should be established the right of peaceful life of the personality right encoding type independent rights. Second, the legal right to peaceful life contains the content is the key point of this part, also is the paper on the analysis of the basic rights to peaceful life right key, let the life right of peace building more complete. In addition, the infringement of the components of the peaceful life right infringement responsibility, imputation principle is discussed. Through the discussion of this part, hope in the future legislation, will get some progress in protecting personal life peaceful, better to protect people’s spiritual life. |
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