生活安宁权:一种特殊的隐私权

Right to Life Tranquility: a Special Privacy Right

生活安宁权是20世纪初产生并得到发展的概念。该项权利不仅是一种私权,而且是一种人格权,有必要在人格权法中加以规定。该项权利不宜作为一般人格权,也不宜作为与隐私权相分离的单独人格权,而应将其视为隐私权的重要组成部分。但个人安宁利益又与其他隐私利益存在区别,其客体具有一定的特殊性,因而可以将其作为特殊的隐私权。我国民法典应当在人格权编的隐私权部分明确规定生活安宁权。

The right to life tranquility is a concept that emerged and developed at the beginning of the 20th century. This right is not only a private right, but also a personality right, which needs to be stipulated in the personality right law. This right should neither be regarded as a general right of personality, nor as a separate right of personality separated from the right of privacy, but as an important part of the right of privacy. However, the interests of individual tranquility are different from those of other privacy interests. Its object has certain particularity, so it can be regarded as a special right of privacy. China′s Civil Code should clearly stipulate the right to life tranquility in the privacy part of personality rights.