Study On The System Of Civil Self-help Behavior

The rapid development of the social economy has led to more and more disputes.In the dispute,the rights of citizens are often violated.At this time,the rights need to be remedied.There are two kinds of civil rights remedies,one is public remedy,and the other is private remedy.Private remedy has existed since ancient times.Self-help acts as a main form of private remedy,it can be seen throughout the history of the development of human civilization.Whether it is the ancient "revenge for the father" or the current violent debt collection and suicidal pay,the self-help behavior seems to be a single but endless violence.Civil law countries and common law countries all have relevant regulations on self-help behavior.However,since China established itself,self-help behaviors have been excluded from the law.This has led to a large number of self-help behaviors in practice that do not enjoy legal regulations that are more marginal and non-existent.Ordering,followed by serious social problems.This article,through the definition of the basic categories of civil self-service behavior,compares the relevant provisions of the civil law system and the Anglo-American law system,and puts forward relevant suggestions for the construction of our country’s self-help behavior system in civil law.This article uses literature review method,comparative analysis method and other methods to divide itself into five parts:The first part is the introduction.It mainly introduces the research background,the significance and purpose of the study,summarizes the research status of civil self-help behavior at home and abroad,and provides a theoretical basis for the concrete construction of the civil self-help behavior system.The second part mainly introduces the basic categories of civil self-help behavior.This paper analyzes the three doctrines of the concept of self-help behavior,defines the concept of self-help in the civil society,defines the nature of self-help behavior,and points out that self-help behavior is a way of exercising rights.In order to have a clearer understanding of self-help behavior,compare it with "private",private remedy,self-defense behavior,and civil self-help behavior,and start from the historical origin of civil self-help behavior to explore its development trajectory.Finally,it elaborates the theoretical basis of civil self-help behavior and lays a foundation for the construction of civil self-help behavior.The third part expounds the necessity and feasibility of establishing the self-help behavior system in China.It is pointed out that the legislation of civil self-help behavior is beneficial to improving the civil rights guarantee system in China,saving the judicial cost and improving the success rate of judicial efficiency and judicial execution,realizing the deterrence and education of the unlawful infringer,and finally realizing the legal control of the self-help behavior of the society.In the background of the legislation of the codification of our national code,with the help of public participation in social management,it is feasible to draw on the existing theoretical research results both at home and abroad,and to combine the existing practice in our country to make the legislation of civil self-help behavior feasible.The fourth part mainly introduces the legislative investigation of the extraterritorial civil self-service system and its enlightenment to our country.A detailed introduction to the system of civil self-help behavior in the typical countries and regions of the civil law system and the Anglo-American law system can be used to draw lessons from the regulations of civil legal systems in Germany and other civil law countries.China should recognize the legal status of civil self-help behavior,and carefully select the appropriate legislative style for the country,and strictly restrict the implementation of self-help behavior.The fifth part is the key point of this article,and the concrete construction of China’s civil self-help behavior system.First of all,we choose the legislative model suitable for our country.In view of the above-mentioned problems of our civil self-help behavior and the reference to the foreign countries and regions,the general provisions are made to the civil self-help behavior in the general provisions,and the special civil self-help behavior is stipulated in the sub principles.Finally,we should perfect the civil procedural law system of civil self-help behavior.