| With the improvement of people’s material life,spiritual life of the corresponding increase in demands,and in real life is the emergence of a large number of illegal tracking,illegal search,sexual harassment,spam,telephone harassment,noise pollution,environmental infringement on private peaceful life cases,these cases are closely linked with people’s life,not only affects the quality of private life more,influence the establishment of good social order.Because the relevant provisions in the legislation of the right there is no peace,there is a demand and the legislative level people irreconcilable contradiction.The real case of judicial practice for nearly 5years in which right to live in peace as an important reference,reference to the relevant experts and scholars of the academic point of view first of all,the concept and characteristics of the legislation is not the "peace" analysis,found that "tranquility right should belong to an absolute spiritual personality,indirect influence Sound natural material life,it has the inherent nature,derogable character.Through the study of relevant legislation at all times and in all countries the right of personality,many scholars " relevant legislative suggestions comparative peace right ",summed up the three modes of tranquility right legislation.Through three typical cases cited in the text.By using the method of empirical research,pointed out that " the more distinctive status of tranquility right protection and shortcomings.Through the analysis of the necessity and feasibility of peace right protection,combined with the right of personality change theory,using the unified method of contradiction found that " there are many contradictions in tranquility right in detail.In the fourth part,the author intended relationship discusses the " peace right " and " general personality right " and" right of personality ",through the method of comparison and demonstration,focusing on the relationship between " tranquility right and the right of privacy.The author of this writing on the occasion,the integrity of the forth coming <Civil Code > is proposed if the personality right law as a separate part of the "Civil Code","how to protect the right of peaceful" legislative proposals.Finally for "peace right" of such a new right,if the provisions in the law explicitly provisions "method of general personality rights protected has more feasibility and operability.The innovation in this thesis will be unjust enrichment system as peace right infringement claim basis,strengthen the protection of" tranquility right,respect and safeguard the personality independence and dignity,the dignity of life that is the inevitable trend ofthe development of times. |
