On The Civil Self-help Behavior

As an important way of private relief,civil self-help behavior has great significance for the protection of the rights of the rights holders.In reality many rights make self-help behavior as an important means of relief after the rights have been violated.Many civil law and common law countries have established a relatively sound self-help behavior system.In the field of rights remedies of China,more scholars mostly focus only on public relief.Attention on self-help behavior is lacked,which makes private relief,especially self-help behavior marginalized and this makes the theory building of self-help behavior is still inadequate compared with other countries.Through comparative analysis,empirical analysis and other methods,this paper analyzed the system of self-help behavior and related systems and hope to provide a little help to build the system.In this paper,the body part is divided into four chapters.The first chapter defines the concept of self-help behavior.Self-help behavior refers to violation of rights or the existence of possible violations,relief their legitimate rights in case of emergency,through detaining or damaging the property of counterpart,constraining counterpart liberty when they are unable to obtain public relief.Through comparative analysis,this paper pointed out similarities and differences between self-help behavior and related concepts and conclude that self-help behavior reflects the human instinct and it is important to justice and efficiency.The second chapter analyzed the components and legal consequences of self-help behavior,which concluded that it needed to meet the objective elements,situation elements,means elements,limit elements and the subsequent public relief elements and discuss the legal liability of imaginary and over self-help behavior.The third chapter analyzed the different stages and forms of self-help behavior and analyzed the particularity of absolute right and relative right of self-help behavior by comparing their function,nature,the implementation of the conditions,requirements of urgency and afterwards obligations.This chapter also discussed the necessity of introducing and establishing the system of self-help behavior and discussed the necessity,legality and constituent elements of the self-help behavior in process of Civil Enforcement.The fourth chapter discussed self-help behavior’s importance to private relief system construction of China and concluded that it had great significance to private relief perfection,ensuring the correct implementation of self-help behavior and avoiding criminal violation.It discussed the best way of establishing the system of self-help behavior and proposed a specific system design.