The Definition Of Self- Service Behavior In China

As a civil self-help self-help behavior way of the existence of a large number of in the realistic society, it has played a positive role in the process of realization and protection of rights, with rationality itself is also increasingly recognized. However, due to the current civil legislation no positive norms of the self-help behavior system, so that the objective existence of the self-help behavior often because of the lack of legal regulation is necessary, and was identified as illegal behavior. How to play the positive role of the self-help behavior system through rules design, draw the boundaries and illegal behavior, has the vital significance to the judicial practice. This paper analyzes and demonstrates the concept of self-help behavior, the nature and the elements of elements such as how to define, hoping to benefit the self-help behavior cognizance standard and is formulating the draft civil code. The author thinks, realization and protection of the self-help behavior in the process of civil rights is playing an irreplaceable role, should be an important part of it as a civil rights protection and implementation of the system to be perfect, not only conducive to clear standards identified and referee for this kind of problems in judicial practice, draw and tort, and it also has positive significance to the perfection of the civil code right relief system. In this paper the structure of system arrangement, the author first analyzes the legislation and practice of domestic and foreign scholars on the self-help behavior research theories and self-help behavior, followed by the theoretical knowledge and practical development and pointed out our country of self-help behavior, and compare the two, and then to the essence and legal value of civil law as the foundation, System necessity and the self-help behavior around the concept definition, self-help behavior system should follow the basic principles, elements, behavior, behavior design limits,aspects supporting system construction, the last in the previous discussion on the establishment of self-help behavior based on the rules in the civil legislation of our country has carried on the discussion, Hope to establish clear standards for judging the self-help behavior in practice, a clean break with the improper acts of self-help boundaries, to promote the legalization and the system of self-help behavior system, the development and perfection of which in general to promote our country’s civil private relief system.