To Our Country Reality Of Self-help Behavior Legal System Idea

Nowadays, with the high level of development of civil law, as well as peoplebecome more and more high awareness of the degree of protection of civil rightsissues of concern to people’s daily lives, property rights as the basis to determine theownership of property rights more timesconcern. Since the since the promulgation ofthe2007Property Law of the People’s Republic of China (hereinafter referred to asthe "Property Law"), in our country the purposes of the last five years, to protect thelegitimate property rights of the people but also show some of its inadequacies. Thisarticle is the author of "Property Law", Property relief in some discussions, hoping toimprove on the "Property Law", serve modest role. As we all know, in rem relief isdivided into public relief and private relief in two ways."Property Law" for theprotection and realization of property rights by way of public relief already provideda very detailed, but private relief is somewhat reticent about the meaning completelydo not see any relevant provisions. The emergency and self-defense can be invokedwhen necessary,"General Principles of Civil Law of the People’s Republic of China(hereinafter referred to as the" Civil Law ") with the relevant provisions in theexisting legal system which may be more widespread property rights self-helpbehavior to findless than the quoted suited to any statute, rule, say that this is a majorgap in our legal system. The simple idea of self-behavior law of property rightssystem, is also out of eagerness to fill this gap as a reference only, need teachersimprove and pointing.The body of this article is divided into four chapters, the first chapter discussesthe legal value of the property rights self-help behavior, fairness and justice, socialorder and efficiency of the supremacy of property rights, self-help behaviorembodied in the legal value, from a legal build property rights self-behavior of thenecessity of the legal system; The second chapter analyzes the basic concepts andelements of the real right of self-help behavior of the feasibility of a real right of self-service behavior of the legal system built from the basic definition of the lawand legal acts that constitute the elements of two; Chapter III describes thedevelopment status and trends of the real right of self-service behavior of the legalsystem at home and abroad, from a realistic point of view and in the future mayexplain the inevitability of our country to build the legal system of property rightsself-help behavior. These three parts for the specific ideas of the legal system ofproperty rights self-help behavior provides a solid basis of facts and theoreticalfoundation. The fourth is the essence of this article, the author of the legal system onthe real right of self-behavior specific content of the bold design, the core is toinstitutionalize and type of property right self-help behavior. The so-calledinstitutionalization is the need to develop a unified concept, namely to establish thelegitimacy of property rights self-help behavior through the development of thegeneral terms of property rights self-help behavior. The so-called type of propertyright self-help behavior and a series of classification of property rights self-servicebehavior of a clear basis in order to limit the abuse of property rights self-helpbehavior.The above is the author wrote this article, the starting point, as well as thespecific content of this article and research point of view, as a hope that the existinglegal system to be a perfect idea, I certainly have a lot of ill-considered, I hope thatthe teacher a lot of understanding, I mustpositive spirit will correct attitudecorrection.Finally, in the process of the final article, the author draws on many of the legalprofession experience and methods of the predecessor to the assurances of myhighest gratitude to these predecessors...