The Dimension Of Judicial Protection Of The Rights And Interests Of Quiet And Peace

The right to a peaceful quite refers to the right of a natural person to enjoy the order of private life that is not related to the public interest and the normal mental state not to be disturbed.The protection methods include legal protection and administrative measures.Misinformation,illegal peeping,surveillance,tracking,harassment of others,intrusion of electronic equipment,intrusion of non-quantifiable objects,etc.are the main ways to infringe the rights and interests of life and peace.The right of privacy refers to prohibiting the use of illegal means to collect and disclose the private activities,contact information,health,and other information of natural persons that are not related to the public interest and that natural persons do not want to be known to the public.If the actor has committed an invasion of privacy and caused damage,and there is a causal relationship between the damage and the infringement,the actor may need to bear the liability for privacy infringement.The consideration of subjective fault depends on the extent of the damage.The right to privacy provides a value criterion for the development of science and technology and is conducive to defending against the infringement of public power.In real life,there is infringement and competition between the right to life and privacy and the right to privacy.Both subjects are limited to natural persons.When the right owner's life and privacy are violated by the same subject at the same time,the right holder can choose the most effective remedy for defending his rights.The right to life and peace is closely related to the right to privacy.Both originated in the United States.At first,the right to life and peace was covered by the right to privacy.After the introduction of China,the two began to separate.In the future,the rights and interests of peaceful living in the future will develop from "graft protection" to legislative protection like the right to privacy.Because of the many similarities between the right to privacy and the right to life and peace,judicial peace often protects the right to life and privacy as part of the right to privacy.However,the right to privacy and the right to privacy are essentially twoseparate specific personal rights.The right to privacy cannot cover the right to privacy.The right to privacy should be separated from the right to privacy and protected as an independent specific right to personality.There are ethical and moral attributes in the right to life and peace,and the tolerant obligation of the right holder is higher than that of the privacy holder.In addition,the right to life and peace is a passive,passive defense right,and the right to privacy can be passively defended and actively exercised.The standards for the responsibility of privacy are more stringent.The protection of the right to privacy under the privacy system will raise the threshold of civil rights relief.Violation of privacy may cause the private information of natural persons to be made public,and damage to the tranquility of life will destroy the natural person's living order and damage the spiritual world.The news media's proper exercise of the right to oversee public opinion,or the actor's failure to disclose to a third party can reduce or relieve the liability for privacy infringement.The principle of imputation of fault is applied to the right to life and peace.When the perpetrator conducts an intrusive behavior of life tranquility,which invades the private space of a natural person,and makes a rational person feel a high degree of antipathy,the perpetrator may be liable for privacy infringement.At this time,the right-of-life right holder can ask him to stop the infringement,make apology,and compensate for the loss.However,the right to life and peace is not an absolute right.In order to calm disputes and reduce excessive litigation,if the actor has reasonable grounds and the damage is minor,the right to life and peace must fulfill his duty of tolerance.In the public interest,state organs and staff members exercising their powers in accordance with the law,public figures,and the consent of the parties as defense reasons,they may be exempted from liability for infringement.