The Theory Of Civil Self-help Behavior System Building

Civil self-help behavior is one of the way of self-help remedies,and self-defense,emergency actions constitute the private relief system in our country.Civil self-help behavior after years of exploration,finally from the legal theory research and practical application level to rise to the legal level,the compilation of the civil code in China this year in its list of tort liability defense.The civil legislation of self-help behavior is a good start to build civil self-help behavior system in our country.This paper first from the concept and characteristics of civil self-help behavior and other related system is in this;Second,the civil law of Germany,Japan,France and Switzerland,Britain and the United States of Anglo-American law system of self-help behavior legislation;Again,legislation necessity for civil self-help behavior,give the full certification;From the time,put forward and analyzed the six constitutive requirements of civil self-help behavior;The civil self-help behavior system is proposed in the end,the system and legislative Suggestions.To perform the true value of civil self-help behavior,our country should construct the perfect system of civil self-help behavior system.Civil self-help behavior system should be from the structure to the system,and the feasibility and forward-looking,so that can play the whole advantage of the system.Under the condition of maintain the relative stability of law,civil self-help behavior should be adjusted and updated arising from the potential.Civil self-help behavior is like a "double-edged sword",when exercising the rights we must want to have a proper "degree",prohibit abuse of rights.In addition,we should have daily legal publicity and education to the masses,typical case demonstration guidance,reduce errors self-help behavior.For the self-help behavior,we should encourage people are good at using,but also to supervise the public power as a positive,take various measures to resolve contradictions thoroughly,reduce its occurrence,to reduce the risk of the masses into legal risk.