On The Interpretation Of Civil Self-help Behavior Rules

The "Civil Self Help Act" is a new system in Tort Liability Part of Civil Code,which extends the scope of protection and application of civil rights.The innovative provisions of the Civil Code provide legal protection for civil subjects in taking legal and reasonable measures to protect their legitimate rights and interests,and provide a legal basis for self-remedial actions in judicial practice.However,the provisions of the Civil Code on civil self-help acts are too principled,which makes judicial application difficult,and the relevant doctrinal studies are mostly based on legislative theory,while legal application studies are relatively lacking,which makes it difficult to provide effective guidance for the application of civil self-help rules,resulting in the identification of civil self-help acts with blurred boundaries and other problems.For example,as to how to identify the "irreparable" damage in the constituent elements of self-help behavior as explicitly stipulated in Article 1177 of the Civil Code,and what are the "reasonable measures" taken within the "necessary scope",there are problems in practice."In practice,there are difficulties in identifying and grasping.Therefore,it is necessary to comprehensively explain and analyze the elements of civil self-help in conjunction with relevant legislative provisions and judicial decisions.At the same time,before the introduction of the Civil Code,the definition of self-help in academic and practical circles was relatively broad,and even the self-fulfillment of some claims(such as the right to exclude obstruction through the self-exclusion of nuisance)was also recognized as self-help,which actually exceeded the scope of self-help stipulated in Article 1177 of the Civil Code,therefore,after the introduction of the Civil Code,it is necessary to clarify Therefore,after the introduction of the Civil Code,it is necessary to clarify the boundary between self-help acts and self-realization of claims.This thesis consists of four chapters,besides the introduction,the main body is composed of three chapters.The first part is the systemic orientation and legislative value of civil self-help behavior.Firstly,the doctrinal concept of self-help behavior is elaborated and compared with Article 1177 of the Civil Code,and then the legislative concept of self-help behavior is outlined.Secondly,we clarify the connection and difference between self-help and other related systems(such as self-defense),and explain the relationship between self-help and the self-realization of other claims(especially property claims).Finally,we discuss the significance and value of including self-help in the Civil Code from three perspectives: the civil law system,judicial practice,and individual citizens.The second part is the constituent elements of civil self-help acts.By sorting out and analyzing Article 1177 of the Civil Code,the author divides the constituent elements of self-help acts into prerequisite conditions,subject and object conditions,means conditions and subsequent obligations.These four elements can be further distinguished into situational elements and behavioral elements.Only when the situational elements are satisfied can the self-help act be carried out,and only then can we further determine whether the behavioral elements are present.The situational elements include three conditions: the legitimate rights and interests are infringed,the situation is urgent,and if you don’t help yourself,you’ll suffer irreparable harm.The essential factors of "legal rights and interests","infringement","urgent situation" and "irreparable damage" need to be Further explanation is needed.The conduct element includes three conditions: subject and object conditions,means conditions,and subsequent obligations.Among them,the subject and object conditions solve the problem of who can carry out self-help behavior and to whom self-help can be carried out.In addition,the law also provides that "other reasonable measures" can be taken,and these other reasonable measures in real life mainly include restricting personal freedom,destroying property,self-help retrieval of possession,etc.Whether these measures are reasonable or not.Whether these measures are reasonable needs to be interpreted and limited from both the "quality" and "quantity" aspects.In terms of ex post facto obligations,it is clear that ex post facto obligations are,in principle,a necessary element of self-help,except for disputes resolved through reconciliation between the two parties,etc.Meanwhile,the time element,i.e."immediately",is explained and the scope of "relevant state organs" is defined.The third part,the legal consequences of self-help behavior.Distinguish the legal consequences of self-help acts that meet the constitutive elements from those that do not,and also classify self-help acts that do not meet the constitutive elements,including: self-help under false pretenses,self-help in excess,self-help abuse,etc.,and analyze the respective legal consequences.