Research On Civil Self-help Behavior In China

Civil self-help acts,as an important way of private relief,are of great significance to the protection of rights holders.Civil self-help behavior is one of the exemptions stipulated in the Civil Code,which makes our civil law exemptions form a more complete system,which can relax the freedom of conduct of civil subjects and enable civil subjects to enjoy more within the scope of the law.Freedom of conduct and free exercise of rights.The provisions of the "Civil Code" on self-help behavior are too principled,which is not conducive to the application of judicial practice.This article proposes that the urgency of self-help behavior should be analyzed in detail;the subject of self-help behavior should not be limited to the right holder.In addition to taking measures on property,the exercise method should also include a certain degree of personal freedom restrictions;at the same time;It is proposed that because the legal provision for remedies for wrongful self-help acts is limited to tort liability,it is not conducive to the claims of the parties in the event of liability overlap;in addition,the civil procedure law does not provide for self-help acts,but in judicial practice,there is Certain self-service enforcement actions,but the judicial attitudes towards the legal effects of the enforcement actions are different,so it is proposed that the self-service actions in the civil procedure law can be improved.This article makes a certain analysis of civil self-help behavior and related systems through methods such as comparative analysis and empirical analysis,hoping to make a small contribution to the improvement of civil self-help behavior in China.