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Research On The Quiet And Peaceful Right

Posted on:2017-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:B Z RenFull Text:PDF
GTID:2296330485456145Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The quiet and peaceful right is a spiritual specific personal right which people use to keep normal and peaceful life. The peaceful state of our life as we usually understood is nobody come to bother the peaceful and quiet order in our life.But with the development of the society and the progress of the technology, the space between people was getting narrow infinitely by the new communication technologies like Internet and so on. The peaceful state in people’s life was hardly to avoid the bother from harassing phone calls, spam messages, spam mails and the immeasurable object.The research on personality rights started late in our country, and the hysteresis of the law, so that there is no law or regulation can protect the quiet and peaceful right of people in our country now. Then the cases about the quiet and peaceful right could not decide in the basis of documents. In reality, the urgent demands of protecting the quiet and peaceful right make it become an emerging right. Because of that the mature legal rights are come from the emerging rights. The emerging rights become the mature legal rights need to be known and recognized to the society. Then the emerging rights will be a basic element to be thought in the daily life. We believe that according to the baseless situation of the quiet and peaceful right, and the frequency it to be recognized and mentioned, the quiet and peaceful right have to be referred and discussed as an emerging right. And we need to define the boundaries and connotation of the quiet and peaceful right.According all above that, I will argument the rationality of the analysis and discussing of the quiet and peaceful right as an emerging right, based on the meanings of the quiet and peaceful right and the emerging right. Then I will come up with the rationality of the independent protection of the quiet and peaceful right..Then I will focus on the clarification between the quiet and peaceful right between other rights, the protection of the quiet and peaceful right in other countries and our country. Then I will analyze the pros and cons of the legislative modes of the quiet and peaceful right, sum up the experience of the protection of the quiet and peaceful right in other countries. So that I can come up with the mode which we should choose to protect the quiet and peaceful right in our country, and the limitation of the quiet and peaceful right we need to mention it.
Keywords/Search Tags:the emerging right, the quiet and peaceful right, independent personality right protected mode
PDF Full Text Request
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