On The Legislative Improvement Of Civil Self-help Behavior In China

In a country or society,the important role of power relief as a means and purpose is to resolve disputes and maintain order.Therefore,when the rights and interests are damaged,the civil subject should resort to the power remedy in principle,but in certain circumstances,the civil remedy may not be urgent,and the official relief is costly,inefficient,and difficult to enforce.Private relief has the necessary space for its survival,and the same to public relief,private power relief has the basic value that is lawfully due,namely justice,and can also reflect the efficiency value of the law.Private power relief has its own advantages,timeliness,efficiency,flexibility,etc.Self-help as one of the private relieves,the civil subject protect their legitimate rights and interests through self-relief.The Civil Code treats its provisions as an exemption in the compilation of tort liability,which bridges the legislative gaps in previous self-help acts,but the relevant provisions of existing self-help behavior still need to be further refined,and the problem mainly responds in the following aspects.Firstly the provisions of article 1177 of the Civil Code are too principle to further elaboration and clarity.Secondly,self-help behavior also has many problems in court application,such as the existence of irregular concept use,unclear boundaries with similar systems,and the most important problem is reflected in the inconsistent interpretation of the elements of self-help behavior.Finally,the existing provisions are not conducive to the protection of the victims’ legitimate rights and interests,nor to the legislative purpose of self-help acts,nor to the construction of self-help behavior regimes.In response to the above problems,the main content of this paper mainly includes the following aspects: first from theory to enter the definition of self-help behavior,then explain the state of legislation on self-help in our country,give my understanding of existing legislation;Then find out the problems in judicial use of the courts under the existing regulations,analyze the problem.Finally,for the self-help behavior of our country’s system of system construction and legislative improvement.