Problems Research On Self-Help Behavior Of Non-Criminal

As one of the private relief acts, from theory to reality context, self-help can make us feel it's an objective reality. Self-help is a way to protect citizens'interests in accordance with their private power when the public relief does not work. From the formal point of view, though self-help reflects the conflicts between the pursuit of the order from the country, also it shows some offensive and invasive to some extent, we can not deny the private relief or the self-help behavior, so the rights of citizens can not be guaranteed, the pursuit of the fairness and justice is out of the question.Chinese and European scholars have defined the concept of self-help with similarities and differences, I think self-help behavior is that after the end of criminal violations but the criminal state continuing the citizen through public relief will not timely protect the right circumstances, then they are on their own forces to limit personal freedom against people or against the property to be seized, retained or destroyed so as to achieve the protection or restoration of their rights. In addition, the self-help system is extremely similar to the justifiable defense and the act of rescue and so on. In many ways they were compared to highlight the value of the independence of self-help behavior, and it is defined to include the meaning of the Criminal Law track.The author gives a reasonable limit to the self-help behavior from a legal point of view and analyzes its applicable law theoretical and practical basis. Thus on the one hand it provides the justified ground for the self-help behavior; on the other hand, it makes up the blank for the public relief and protects the rights of citizens in time. Meanwhile, in order to prevent the abuse of the right, the author focused on building the constitutive elements of the self-help actions that will be out of Crime Legislation.Finally, the author proposes that the self-help actions should be out of Crime Legislation in the law. This will help perfect the self-help behavior theory. Through the above discussion, the self-help behavior system frame structure is established and the legislative options and institutional arrangements are also pointed out.