Study On Self-help

our Country ruling idea is in produce change With the deepening of economic reform：The market can do, then returned to the market.Society can do, give it back to society. Andgovernment should step aside.It is Visible that "omnipotent government","omnipotentgovernment" concept had been gradually abandoned.Admittedly, the public power forlitigation support should not become the contemporary society dispute only discoursesystem.In fact, since the vast majority of human origin, dispute is always resort to self-helpremedy channels.If do not change the private relief as the current socialmanagement,borderline subjectof legal management, will cause many negativeconsequences.This paper attempts to conduct in-depth analysis of the self-help behavior, inorder to make a clear understanding on the self-help behavior and grasp.This paper is divided into the following six parts:Part one, the basic concept of self-help behavior.In this part, based on analyzing thedefinition of academic circles on the self-help behavior on the concept of self-help behaviormore comprehensive.At the same time, clear characteristics of self-help behavior,providebasic theoretical tool for related issues discussed below.By clarifying the concept and basicfeatures of self-help behavior, can grasp the basic framework of self-help behavior from themacro level.Part two,The legitimacy of self-help behavior.The academic circle of criminal law existjustification of self-defense and the question of whether or not there is a controversy theaffirmative and negative.Negativist sees no sufficient evidence supporting self justificationexists, so it should not be included in the category of criminal law.The affirmative doctrinethinks, admitting limited self-help behavior is reasonable, namely the self-help behavioraccord with certain elements of the non crime to handle.Visible, affirmation also is not fullyadmit the self-help behavior.This paper thinks, the legitimacy of the self-help behavior shouldbe affirmed,on the basis of validity shall be understood through the back of the nature andvalue of the self-help behavior. Pass three,Status of self-help behavior in criminal law system.Self-help behavior shouldbe discussed in which criminal law theory category, the aim is to further seek self-helpbehavior as basis.There is no one unified point of view,but that self-help behavior to meetcertain conditions can be negates the crime,and have a legitimate basis.This paper thinks, selfhelp behavior should belong to the illegal resistance.The reason is that, self-help belongs to akind of private relief,public remedy is essentially represents the private relief,the position ofself-help behavior, and national enforcement authorities have no difference.part four,Selection of Self Justification mode.Practice shows that, the absence ofself-help behavior in criminal law leads to the confusion,give clear self-help behaviorlegitimate status is the real need.In the extraterritorial practice,self justification has thefollowing main modes:Super regulations of illegal resistance but reason model,the justifiabledefense mode and independent mode of exclusion of social harmfulness.On the base ofcomprehensive analysis,this paper argues that both from the criminal law theory or practicecurrent situation,it is comparison that make The self-help behavior as statutory exclusion ofillegal behavior pattern.Part five,Self help behavior elements.The part of self-help behavior and justification inthe profound analysis,the establishment of self-help behavior elements should includself-help premise, time, subject, subjective, object, limit the elements.The lack of any elementbelonging to the illegal and even criminal behavior,more than the limit behavior is establishedthemselves.part six,Legislative conception.Based on the analysis of self-help behavior into thenecessity of our criminal law adjustment put forward the idea of the legislation ofself-defense based.This paper recommended self-help behavior for criminal illegal resistancelegal argument,a separate set of self-defense,explicitly permit conditions, scope of self-helpbehavior...