Research On The Right To Tranquility As A Human Right

Tranquility is the earliest concept proposed by Judge Curry in the United States.For more than one hundred years,judges,scholars and other laws including Louis Brandeis,Samuel Warren,Prosser,etc.Workers have made more in-depth theoretical research on the concept of the right to tranquility.The right to tranquility is the right of a natural person to control his private sphere,maintain his private life and spiritual peace and order,and exclude others from improper intrusion.The theoretical research on the right to tranquility in China is concentrated in the field of civil law.In its small number of research results,it can be seen that Chinese civil law scholars have disputes about the attribute of the right to tranquility.The main manifestation is whether the right of tranquility is attached to the right of privacy or is a kind of juxtaposition with the right of privacy.According to the analysis of Chinese judicial practice and the status quo of the protection of the right to tranquility,it should belong to the latter.At the same time,the human rights attribute of the right to tranquility cannot be ignored,and its inherent human rights genes should be revealed and given sufficient attention.If the right to tranquility as a human right is to be implemented in practice and get its due legal status,it must be institutionalized and confirmed by the country’s current laws.However,the prerequisite for this step is to ensure that there is a suitable development space for the right to tranquility.In China,a national moral foundation suitable for the development of the right to tranquility has been formed,and judicial practice has also reflected infringement of family tranquility interests and network infringement.Behaviors that infringe on the interests of tranquillity,such as infringement of the private sector,and infringement of immeasurable objects,continue to challenge the tolerance of citizens.This kind of thirst for the protection of tranquility interests and the imminent and unsatisfactory needs of the current legal norms have produced a contradiction that cannot be ignored,and the legislative design for the localization of the tranquility right can be put on the agenda.The right to tranquility is a new right,so there is not much domestic and foreign systemic experience for its legislative design,but it can be based on the connotation and attributes of the right to tranquility and its critical needs in China,Such as dialectical reference to the American privacy system,spiritual tranquility and interest protection system and intrusion system;the reputation penalty system in extraterritorial administrative punishment;the German criminal law "telling is the theory" system.To make a localized legislative design for the right to tranquility in light of Chinese conditions,it should first be recognized that the right to tranquility has no constitutional environment in China and cannot fall into the path of generalization of rights.The increase in the protection of the right to tranquility in the Public Security Management Punishment Law,the introduction of reputation penalties,and the addition of the right to tranquility in the criminal law’s personal prosecution system are a way to protect the right to tranquility.