Definition Of The The Right Of Peace And The Path Of Tort Protection

Based on the judicial case,this paper summarizes the people and the judiciary's understanding and attitude towards the right to peace.At the theoretical level,the relevant research results have been related to the legal status of the right,the basic connotation and the boundary of the right,the type of tort,the mode of protection,the suggestion and the way to enter the law,but from the connotation of its right,the extension of interpretation,the way of infringement and the result of damage,it is difficult to cover the legal interests contained in the right of tranquillity by the existing specific personality rights.The provisions of the draft Civil Code on the right to privacy can divest part of the connotation of the right to peace,but this does not hinder the academic circle of the right to peace defined for research and exploration.In order to improve the type and system of the right to personality and ensure that people live a life of real dignity and happiness,it is also desirable to treat the right to peace as an independent right to personality.Since the theory of the right to peace has not been confirmed by legislation at this stage,the types of actions that infringe the right to peace can be obtained by inductive analysis based on judicial cases,which can provide accurate path guidance for the protection of the right to peace.