What is a "visual hygiene right"? Such an unusual legal term even puzzled judges and lawyers at the Beijing Xuanwu District People's Court on June 29, 2003 when ruling on a privacy intrusion lawsuit. Both defendant and plaintiff sides underwent a fierce debate.
The plaintiff, Mr. Chen, brought a lawsuit against the estate company of his residential district for violating what he termed his "visual mental hygiene rights". The reason he says is that the estate company built an outdoor stairway right next to his bedroom, to enable the convenience of residents above him. However, the stairway allows passers-by a close-up and personal view into his home. Chen felt this violated his family's privacy and they were being intruded upon.
Since there were no results from several rounds of negotiations with the estate company, in disappointment and frustration, Chen appealed to the courts.
How did Chen come across such a strange phrase of "visual hygiene right?"
As you might expect, it was not created by Chen himself but borrowed by him from a book called The Regulations of Urban Residential Area Planning which mentions a term "visual hygiene" on page 72.
"It is this word 'visual hygiene' that reminds me of my 'visual mental hygiene', that might fill a legal vacuum. Those people going up and down stairs can see my family clearly through the window. Our family life is invaded," he complained.
In addition, Chen pointed out that the original plan did not include an outdoor stairway, according to the map the estate company showed him first, which was admitted by the estate company.
With The Regulations of Urban Residential Area Planning in his hands, Chen felt more confident with justice on his side.
He said, "The Regulations of Urban Residential Area Planning is jointly issued by the former State Bureau of Quality and Technical Supervision and the Ministry of Construction. On page 12, it clearly says, 'Building without elevators should not surpass six floors. In some waving areas when the building has several entrances on different floors, the total floors can be counted by the single way up or down.' That is to say, the building we live in has seven floors, which should install elevators. Yet in order to save money, the estate company built an outdoor stairway on the second floor in an effort to reduce the number of total floors."
It seems that the outdoor stairway is built at the convenience of the residents, yet, the residents themselves hold a different view.
An old woman named Wang said she noticed the outdoor stairway after she moved in this building, which did not exist on the planning map first shown to her. She does not think it much help.
Another resident named Zhang also said that the outdoor stairway built on the second floor was too close to the window of a resident's apartment. Through the window, one can clearly see everything inside with just one look.
However, as for this case, civil law in China does not have a "visual hygiene right," according to Professor Long with the China University of Political Science and Law. Given the fact there is no such a term within the current legal framework, it might be troublesome for the court to rule on it.
Professor Long went on and said that the outdoor stairway itself couldn't intrude on the privacy of the Chen family though it might bring some indirect influences.
But if the original planning map did not include the open-air stairway, as Chen mentioned, together with the agreements in his contract with the estate company, it might lead to the guilt of the estate company.
Today citizens are more aware of protecting their rights through law, Long said, but they should also pay attention to using the formal legal terms when they file lawsuits. For example, the so-called "kiss right" that emerged recently cannot find exact legal definition, he explained.
(China.org.cn by Zheng Guihong, July 15, 2003)
