On Peace In Private Life

In recent years,due to the in-depth promotion of reform and the rapid development of social economy,people’s needs become more extensive,not only reflected in the material life,but also more into the spiritual life level;Therefore,in the process of social economic and technological progress and the transformation of people’s lifestyle,the emergence of various information media and immeasurable objects(telephone harassment,information harassment,noise and even light,etc.)has also seriously affected people’s peace of life.The existence of the peace of private life must have its certain realistic basis,from the current point of view,a variety of behaviors violating the peace of private life are constantly being condemned by people,the people who have been violated the peace of private life are also constantly calling for and asking for strong protection.In judicial practice,there are also a large number of cases concerning the peace of private life as the core,which are protected by different ways.Even the "compensation for mental damage" system in the legislation considers the interests of people’s peace in a certain sense.In this regard,the newly issued Civil Code of our country also clearly stipulates the peace of private life.Through the above aspects,we can get such a situation that the peace of private life is gradually being paid attention to and regarded as the basic human right that people rely on for survival.Before the advent of the civil code in our country,the judicial practice to the protection of private life peace is scattered,mainly through the judge made law(in the peaceful life of when there is no right for trial basis)and other relevant provisions of the referee,judge reference and after the advent of the civil code in China,and the cover to the right of privacy.Based on this,I think this regulation is worth discussing,the protection of private life peace needs to be further discussed.This paper mainly carries on the research from four aspects: firstly,from the perspective of ontology,points out what is the peace of private life,that is,the basic theoretical problem of peace of private life,mainly introduces its connotation and extension;Secondly,from the Angle of axiology,it points out the realistic basis or moral basis for the existence of private life peace,and it is necessary to protect it as a kind of rights and interests.Thirdly,through the comparison and analysis of the domestic and foreign protection modes,it points out the practical problems existing in our country.Finally,from a logical point of view,this paper examines and analyzes the provisions on the peace of private life in the Civil Code,points out the irrationality of including the peace of private life in the right of privacy and the possible problems,and then puts forward the legislative setting of the individual and points out the reasonable arrangement of the peace of private life in the code of personality rights.