On The Civil Self-help Behavior

The self-protection and realization of the rights is due to subjects'instinct. Self-help behaviors should be given the appropriate intervention and conformity without disturbing the society order. At the same time, the power which might lead to injustice should be prevented. That is to say, the unity of law order and justice value can be achieved by means of limiting the abuse use of self-help behaviors. We should set general rules of self-help in the system of claim in'Chinese Civil Code·General Part'. Moreover, the self-help behaviors system of absolute right should be built in the original right institution. Institutionalization of self-help behaviors is accomplished on the basis of combination of general rules and classification. The construction of concrete self-help behaviors system must be systematic and explicit as far as possible on the basis of cost-saving in legislation. Specifically, self-help behaviors of property include self-protection and self-realization of property ownership, possession, security interests, and neighborhood right. As the starting point of the interaction of claim self-empowerment, the institutionalization of claim self-help behaviors, urgent claim self-help, claim-lien etc. should be approved. And the creditor will be entitled to prohibit the resistance behavior of legal tolerance obligation. The self-help behaviors system can contribute to the full realization of Tort Liability Act functions, and it should be co-listed with the self-defense and emergency as grounds exemption. To clarify and extents the connotation of civil and criminal self-help is the key point of the achievement in private power relief legal process. It is the necessary means docking the civil substantive law and the relevant system of procedural law to conduct self-help behavior into civil enforcement procedure. Improvement of self-help behaviors system will provide the new ideas and the necessary response systems to resolve the problems on labor relations and environmental protection in our country.