Study On The Application Of Civil Self-help Behavior In China ——Property Right Protection Dispute Between Ying And Zhang Is Taken From The Perspective

"Civil self-help behavior" is a new system of tort liability section in the Civil Code.On the basis of justifiable defense and emergency risk avoidance,the system further broadens the boundary of citizens’ protection and application of their own rights.The innovative provisions of the Civil Code make civil subjects have legal protection when taking legal and reasonable measures to safeguard their legitimate rights and interests,and provide a legal basis for self-reliance relief behavior in judicial practice.However,because the provisions of the Civil Code on civil self-help acts are too principled and cannot solve all the problems existing in judicial practice,and the traditional civil self-help research still stay in the stage of its structure,the lack of applicable problems,resulting in practice for civil self-help applicable fuzzy boundaries,application confusion.Therefore,the application problem of civil self-help behavior should be made clear.This paper studies the application of civil self-help behavior,explores the relevant legal issues of the application of civil self-help behavior based on three representative cases such as the property right protection dispute of civil self-help behavior in practice,and analyzes the dispute focus reflected in the three typical cases one by one.Through legal analysis to explore the essence of the system,so as to determine the difference between civil self-help acts and other acts,and strive to unify and clarify the applicable standards and consequences of the system.Thus,the applicable system of civil self-service behavior with consistent logic,internal connection and external order is constructed,so as to guide the judicial trial by theory.The content of this article is as follows:The first part is divided into the case elaboration section.Through the introduction of three typical civil self-service behavior dispute cases,the following focal issues are summarized: first,how to distinguish civil self-service behavior and related behaviors;second,how to define the applicable standard of civil self-service behavior;and third,how to bear the legal liability of civil self-service behavior.The second part is the legal theory analysis part.The relevant focus problems summarized in the first part are analyzed one by one from three aspects.First,the legal concept and nature of the system and its relationship with tort and self-defense behavior are defined.Thus,it did not lay a solid theoretical foundation for the later research.Secondly,from the perspective of the legitimate rights and interests,situation urgency,limit,and request for public force relief of civil self-help behavior,the applicable standards of civil self-help behavior are analyzed one by one.Finally,according to four different civil self-help types.The third part is the research enlightenment part.Through the legal analysis,the legal concept of civil self-service behavior should be clarified,refine the applicable standard of civil self-service behavior,and unify the applicable consequences of civil self-service behavior.