On The Peaceful Right And Its Protection Of Civil Code

The concept of the peaceful right is put forward under the certain historical,social and the legal background.The peaceful right should be protected as a specific right of personality.It means that natural persons can enjoy a stable and peaceful state in their life without being disturbed by any other person's illegal intrusion.Not only the peaceful interest of material life,but also that of mental life is protected.The peaceful right's features who is limited to the natural person and what being protected is the peaceful interest.Its content is derogable,and it is a kind of personality right of freedom.To interpret the specific connotation of the peaceful right,we need to clarify its denotation that the right's object can be given an opinion on the concept,infringers can only be natural persons or related organizations,and it is only evaluated for once.The peaceful right is different from right of privacy.Their objects,methods of infringement,and damage results are different.Right of privacy mainly protects personal privacy that natural persons do not want to be known and cannot be illegally probed and disclosed.The peaceful right can also be separated from right of reputation,right of health and neighboring right.So there are the necessity and feasibility of independent protection for the peaceful right.However,there are some practical difficulties in protection of the peaceful right.It shows as the following:the legal position,the coordinating mechanism with other rights and interests,the content and its tort liability of the peaceful right is not clear.In view of this,four suggestions are proposed to improve and perfect the peaceflul life.First,we should define the peaceful right in civil code.Second,basic and coordinated principles of the peaceful right should be clear.Third,the specific content of the peaceful right should be clear,which including no harassment,no illegal intrusion into private homes,eliminate the immeasurable matters'infringement,not intentionally informed of false information.Fourth,liability of the peaceful right infringement should be clear.