The Research On Legal System Of Citizen’s Tranquility Right

Since 1978, China has achieved a great progress in economic and social development, meanwhile, people’s living standards continue to improve. Just like a song of modernization composed by Airport, high-speed railway, highway, urban shops, downtown district, sound actinic electricity, industrial enterprises, private cars has also been a big problem of serious environmental noise pollution. Peaceful daily life has gone from our lives.The peaceful life in the social life usually refers to the stable life order, the quiet life condition, does not have to be invaded and destroyed by others. The so-called citizen’s tranquility right refers to the freedom of the citizens’ rights to be enjoyed by the people who are not disturbed by the external disturbance and the spirit. This right is actually a basic condition for citizens in the modern society enjoying a life of valuable private space, and maintaining a high standard of living. It is also the foundation of harmonious human relationship. The citizen’s tranquility right is closely relating to the noise environment around citizens in their daily life. Human living space is a voice of the world, people talk through the voice, express thoughts and feelings, and carry out various activities. In other hand, if the sound is more than the people’s needs and tolerance will make people feel bored, it would be noise and environmental burden. Noise sources can be divided into two categories:natural noise sources and man-made noise sources. At present, people still can not control the natural noise, so the noise control is mainly refers to the artificial noise control. In our country, the environmental noise defined by law mainly refers to the sound of the living environment in the environment of industrial production, construction, transportation and social life. Environmental noise pollution has characteristics of feeling, locality, instant. The environmental noise pollution has caused more and more harm to human health and property, including:affect hearing, induced disease, interference physiological function, harm to animals and destroying buildings. And the most important is the violation of citizens’ right to peace.In China, a legal system of civil right of tranquility have established by civil law, environmental protection law, environmental noise pollution control law, tort law, the public security administrative punishment law and civil procedure law. But the legal system has a lot of shortcomings, mainly including:it does not expressly provide citizens tranquility right; environmental noise pollution criterion definition is not clear; public participation in environmental protection mechanism is not perfect; legal responsibility of environmental noise pollution are far from perfect. China should amend the environmental noise pollution control law by clearly stipulating the legislative purpose clause like this:every citizen has a right to enjoy the quiet, peaceful and comfortable sound environment. The second, China should improve the standard of environmental noise pollution. And the third, China should take the experience of Germany legislation, putting the environmental noise pollution behavior into the penal punishment.