On The Applicable Conditions Of Civil Self-help Behavior

Civil self-help behavior is a kind of private relief behavior that the perpetrator takes strong measures against the obligor’s property or personal freedom in order to protect his own legitimate rights and interests when he has no time to request public assistance from the state organ in an emergency.Before the introduction of the civil code,the court had cases to support self-help behavior,but China’s law did not make clear provisions on it,resulting in the problems of unclear definition and application in judicial practice.In order to solve this problem,the Civil Code stipulates the civil self-help behavior in article 1177 of the tort liability series,which also provides a legal basis for Chinese citizens to relieve their legitimate rights and interests through civil self-help behavior.This is the first time that Chinese law has written the civil self-help behavior into law.By analyzing the provisions of article 1177 of the civil code on civil self-help behavior,this thesis discusses the specific applicable conditions of civil self-help behavior.The applicable conditions of civil self-help behavior are that in an emergency,self-help relief must be taken immediately,there is a reasonable purpose of self-help,and the behavior meets the necessary limits.Only by strictly controlling the applicable conditions of civil self-help behavior can the real purpose of this article be realized,Private relief and public relief cooperate with each other to form a complete right relief system.The provisions of the civil code on civil self-help behavior are relatively general and lack of relevant judicial interpretation.There are still many disputes in the specific application process of civil self-help behavior,and the definition of the scope of application of civil self-help behavior is not clear.Even after the promulgation of the civil code,the judges still have the same judgment criteria for the urgent premise of civil selfhelp behavior when they apply civil self-help behavior.Only by meeting the specific applicable conditions of civil self-help behavior can we stop the violation.The necessary limit condition is to judge the boundary between the violation and legality of civil selfhelp behavior.Once the behavior of civil self-help behavior exceeds the necessity of preservation claim,its behavior will change from legality to illegality and bear tort liability.Scholars have two different views on whether the connection between afterwards and public relief belongs to the applicable conditions of civil self-help behavior.One believes that seeking relief from public authorities afterwards belongs to the applicable conditions,while the other holds the opposite view.The author believes that afterwards seeking public relief does not belong to the scope of applicable conditions.Afterwards public relief is the effect evaluation stage of civil self-help behavior,that is,to judge whether the civil self-help behavior is legal through this stage.Finally,in view of the problems existing in the application of civil self-help behavior,this thesis puts forward relevant suggestions on the application of civil self-help behavior.