Legal Protection Of The Right To Peace Of Life:Expansion And Limits

In judicial practice,based on the urgent need to protect the legitimate rights and interests of the parties,the understanding of the scope of the right to peace of life has shown an expanding trend.However,limited by academic theories and concerns that may hinder the freedom of behavior,the expansion of legal protection in practice shows a certain degree of restraint Sex.As the main contradiction in our society has been transformed into the contradiction between the growing need for a better life and the unbalanced and insufficient development status,the existing expansion is still not enough to meet people’s real needs for a better life.The right to life is safe.The specific types of protection still have the possibility and space for further expansion.Due to the rich connotation of the right to peace of life,it is necessary to restrict the legal protection of the right to peace of life at the same time as it is expanded so as not to hinder the freedom of behavior.That is to say,to expand the scope of legal protection of the right to peace of life,reasonable restrictions must be carried out at the same time to prevent excessive Expansion leads to situations such as obstructing the freedom of behavior,and it is necessary to avoid the emergence of improper restrictions.Based on the above-mentioned position,through the use of literature analysis,comparative research and other methods,the expansion and corresponding limits of the legal protection of the right to peace of life are studied.Comprehensive consideration of various factors,the right to life peace is classified into the right to life peace of basic behavior,the right to peace of life in basic space,and the right to peace of life in basic spiritual peace.The right to a peaceful life,which is a basic act of tranquility,can be divided into the right to a peaceful life as a peaceful life and the right to a peaceful life not as a peaceful life.The peaceful life right of basic space tranquility can be divided into the peaceful life right of private real space,the peaceful life right of public real space,the peaceful life right of private electronic space,and the peaceful life right of public electronic space.It is proposed that infringements on the peace of marriage and family life,bringing anxiety to others and fear of survival,false consumption,and infringement of peace of life through mental control represented by pua(Pick-up Artist)should be included in the scope of the regulation of the right to peace of life..The right to peace of life only protects the basic peace of life.At the same time,the peace of life that hinders the basic freedom of behavior of others does not belong to the scope of protection of the right to peace of life.The public should respect the basic social behaviors of natural persons,traditional national customs,and local customs with historical traditions.These behaviors should not constitute an infringement of the right to peace of life in principle.The scope of protection of the right to peace of life should be limited to basic peace of life,and at the same time the scope of basic peace of life should be expanded.Using the duty of tolerance and the measurement of interest as a means to limit the expansion of the legal protection of the right to peace of life can better balance the conflict between the protection of the right to peace of life and the freedom of behavior.In the process of the extension of the legal protection of the right to peace of life and the setting of its limits,the judgment of the duty of tolerance is more complicated,and a dual analysis of experience and theory should be carried out.Among the restrictions on the expansion of the legal protection of the right to peace of life,the duty of tolerance has a limiting effect but is still insufficient.It needs to be further restricted by the measurement of interests,including the measurement of interests under the constant reduction of tolerance limits,the measurement of interests when the freedom of behavior conflicts with the basic peace of life,Benefit measurement when basic behavioral tranquility conflicts with other basic living tranquility rights and interests.