The Research Of Civil Self-help Behavior In Police Enforcement

Civil self-help behavior system has high valve to police enforcement,which not only can maintain social order and justice and make up public protection,but also help police officers judge party behavior when they are exercising their public power.As for the judgement of self-help behavior,we should insist on" five points".First of all,the actor should emphasize on the right about "themselves" for protecting their legal claim right except for others 'right and public interest,which draw a clear line at self-defense such as legitimate defense and emergency actions,etc.It is emphasized that those who help themselves should be entitled to legal "claim right";It is emphasized that they should have claim right of "private law" with compelling force protection.Second,it is necessary to implement the self-help behavior when emergency status.As for the judgement of the emergency,it embodies that claim right is difficult to realize or even impossible without self-help under emergency status when the victim has no time to ask for help from public protection or they are refused or do not get a reply for long time.Third,the means of self-help are necessary to guarantee the claim right.With regard to debtor's property or freedom,the claim right is conducted to be achieved by means of detention,destroy the debtor's property,or restrict their freedom,etc.,Moreover,self-help behavior cannot exceed the limits of necessity.As for the judgement of self-help behavior,for detention,destroy,restriction of movable probertite about civil self-help behavior,we shall adhere to" the principle of minimum harm",that is main items of self-help behavior cannot be excessive.So according to the principles,if one movable property detained can guard the debtor,we will not withhold the second one;if the articles detained can solve problem,we will not withhold the debtor's freedom;and if only detention can preserve creditor's right,we will not destroy his or her property.Last one,we shall request the intervention and disposal of public power after self-help behavior.For the destroy of articles without intervention and disposal of public power;but for the detention of personal freedom or property,self-help person should ask for help from public power institution in time and get the judgement by the public power as public protection.The application of self-help behavior shall have a clear line with illegal restriction of personal freedom against public security administration acts and illegal detention crime,and with the crimes of kidnapping,robbery,illegal invasion into residential and deliberately destruction of public or private property.During police enforcement,we should make full use of self-help behavior theory to clarify the contents of it and draw a clear line at similar illegal crimes,improving law-enforcement procedure further and leading self-help behavior into public protection smoothly.