Research On The Quiet And Peaceful Right

Violate the interests of the peaceful life disputes increasing trend year by year,but our country don’t have the quiet and peaceful right.This lack of institutional design cause the problems in judicial practice unceasingly.Therefore,it is necessary to study how to build the system of the quiet and peaceful right.and design a specific legislative proposal. In this article, through the case analysis method and comparative research method, The quiet and peaceful right was systematic studied.The first part is to define the connotation and denotation of the quiet and peaceful right. It is in order to protect the interests of a peaceful life,that is peaceful private life order, from fear, grief flu directly against the spirit and life of tranquility interest under certain conditions.resolved the characteristics of the quiet and peaceful right from the subject,objec,the nature of the right and other aspects;The second part is to study the independence of the quiet and peaceful rightAccording the British scholar Milne’s the theory of "three basic of the right ". Firstly,By comparing with other rights such as privacy,reputation,neighboring right, environmental right and the right of personal liberty and so on,demonstrates the particularity of the quiet and peaceful right. Proved the necessity of this kind of rights to protect and the legal interests of its independen,it can not and will not be covered and absorbed by other rights.Secondly, From the moral, judicial and legislative provisions descrip the real possibility of the quiet and peaceful right; Finally,an analysis of legal theory was given to the theoretical foundation of the quiet and peaceful right,consider the value of this kind of right source is human dignity,private law autonomy and justice.The third part is to analyze the experience of extraterritorial legislation. Mainly compared the protected mode between the United States,Germany Japan and Taiwan,and summarizes the advantages and disadvantages of various protected mode.The paper on the last part is to discuss the construction of the quiet and peaceful right in the Civil Code.On the basis of the theory and practice, came up with the construction of the quiet and peaceful right in the Civil Code. And the quiet and peaceful right’s infringement elements, defense reasons and relief ways are studied.