Study On Self-salvage

Self-salvage, the litigants in order to protect their rights during the continuing violations, in the state of being difficult to timely protection and restoration of rights under relying on the public relief, depends on own strength to defend these legitimate rights and restores them, and the behavior permitted by law. As one of personal relief, self-salvage has the realistic basis of existence in most countries in the world. As a result of the differences in the legal developments, each country appropriate method of its existence is difference. In the civil law countries, there is a part of country endorses to pass the legislation to recognize the self-salvage; A separate part of the country recognition of the legitimate acts of self-salvage basis in the Civil Coda. In the Anglo-American legal systems, whether it is judicial or theoretical circles are regarded as the acts of legitimate self-defense reasons, and have been widely recognized. On the contrary, our country, it is difficult to laws and regulations in any found acts of self-salvage basis for existence, existence in the Legislative Council on the blank. And theorists have often called rule out criminal matter of emergency risk and self-defense and justified belong to the same subject, but in the theoretical studies has seen rare. It also makes the judicial practice in the conduct of the self-salvage identify and deal with a very non-uniform result. Damage to the rights of the parties and the judge deciding a case brought no small confusion, it is essential to conduct a comprehensive self-salvage.This paper discusses four aspects of the theory of the self-salvage and legislative and judicial advocacy, such as the meaning of questions.In the first chapter introduces the concept of self-salvage characteristics. First of all, the author cited scholars in china the concept of self-salvage of several statements. Followed by statements in the classification of content and find common ground with the self-defense and emergency risk explicit comparison of self-salvage and self-defense and emergency risk the similarities and differences of emphasis the concept of self-determination of behavior is the main distinction between self-salvage and self-defense and emergency risk the difference, which concluded that a clear definition of self- salvage.In the second chapter the author analyzes the main acts are justified self-salvage basis. From the right to relief against the change in the pattern of behavior on self-salvage should be a clear public right to belong to the country to add, but also illustrates the need for the existence of self-salvage. First of all, the author analyzes the legal nature of acts of self-salvage through the Two Legal acts in different countries for self-identified, as well as different ways to draw the legal nature of the acts of self-salvage recognize the difference lies mainly on what self-salvage acts on behalf of the State to exercise the right to belong to or belong to an emergency behavior. Second, I introduce the theoretical circles about the existence of a legitimate act of self-salvage is based on a number of theory and doctrine through the content analysis showed that the doctrine of justification for acts of self-salvage basis for the satisfaction of still difficult to place people. Finally summing up the advantages of the above-mentioned theory summarized legitimate acts of self-salvage basis should be multi-faceted and can not be generalized, in order to be legitimate acts of self-salvage based on the right.Chapterâ…¢focuses on the elements of self-salvage. Are two levels from the author to analyze the composition of self-salvage? First of all, self-salvage are acts of the front element, the dimensions of the three parts, which are acts of self-salvage protection rights and the rights of nature, time constraints, the temporal and spatial elements. These are mainly acts on the premise of self-salvage and also asked to distinguish between self-salvage and self-defense with the important difference between an emergency to avoid danger. The second level of analysis of the implementation of behavior are self-limiting conditions, this level includes the same three parts, which are the main conditions of subjective conditions, as well as considerable restrictions. The main emphasis of these acts is acts of self-awareness levels of people, as well as the limited means of approach. The author focuses on the last part of the self-salvage acts of criminal behavior have been limited. Here I put forward a general reference to criminal negligence principles of duty to act was too self-limit penalty.The main contents of Chapterâ…£are self-salvage acts of the legislative and judicial advocacy. Existence of an act of self-salvage in terms of the protection of the rights of citizens of the country is still relatively sound legal system is still relatively backward in the country have a greater practical significance. First of all, the author of the situation in our country's legislation and judicial status of the draw for the self-described acts of that as soon as possible to be clear in the law are an essential requirement for the reality. Secondly, the author analyzed the behavior of our country to save the need for legislation. Then, I went on to an analysis of self-salvage at this stage of the feasibility of legislative acts, including drawing on the experience and made a self-design on the system behavior. Hope that through the establishment of self-salvage acts to make up for the lack of public relief as well as the ability to play a guiding function of law to help people clearly understand the limits of self-conduct in order to prevent the abuse of right. Would like to improve the criminal acts of legislation for the theory of self-study provides some suggestions.