Research On The Independent Character And Legal Protection Of The Quiet And Peaceful Right

With the development of our social economy, the pursuit of stable order of lifeand the desire for peaceful state of mind become more and more important in people’svalues. However, the development of market economy, speeding up of urbanizationand the development of diversified life cause more and more problems. For example,spam messages, junk mail, door-to-door selling, noisy recreational activities like“square dance” and urban infrastructure which bring lots of noise and dust. The thirstfor stable life order and peaceful state of mind falls into the predicament. Thetheoretical and practical circles lay more and more emphasis on the fact that weshould take prompt and effective measures to protect people’s interests of the quietand peaceful right.However, there are different points of view on how to protect people’s interestsof the quiet and peaceful right. One perspective is that we can learn from thelegislation model of America which takes interests of the quiet and peaceful right as apart of the right to privacy. This is also the mainstream view in our country. In myopinion, while interests of the quiet and peaceful right is an important personalityinterests which is related to the survival and development of the individual, we shouldcreate a separate specific moral right—the quiet and peaceful right and define itclearly in the legislation. So this paper focuses on the protection of interests of thequiet and peaceful right. Based on the comparative analysis between the quiet andpeaceful right and the right to privacy, the right of reputation, environmental right, theright to health and other rights, this paper expounds the independent character andlegal protection of the quiet and peaceful right.