Research On Self-help

In the research of the historical attributes and realistic foundation of self-help, it can be concluded that self-help always exists. However, something exists, something is rational? Actually, for the relief of right, self-help means someone will rely on his own private strength. If just scratch the surface of this phenomenon, it reflects the conflicts between the order pursued by the nation and individual freedom of the citizens, as well as the right between the one as subjective of self-help and the other one as objective. Even so, the nation can not totally forbid citizens to choose the way of self-help. In the case of the way of public relief can not work, the right has no way to protect except the way of self-help. If the latter one to be forbidden in that moment, the right will be deprived unfairly. So it is reasonable permitting the self-help when the public relief can not work. Meanwhile, in the face of the problem and conflicts caused by self-help in reality ,we should find the balance of the conflicting interests by the law. Through designing the constitutive elements of self-help reasonably and seriously, it will make it in control and in the harmony with a modern society. Thus, on one hand it effects when public relief does not work, to maintain the order of society, to realize the guarantee of citizen's right. On the other hand, the law has the function of guidance, which make the citizen to distinct the border of the justified self-help and have rational expectancy to one's own behavior to prevent the abuse of the right. The way of self-help in the field of criminal law, is often looks as a kind of infringement, which apparently satisfy a certain constitutive elements of crime. The theories of"profit protect"and"proper ways serve society"will prove its justified ground. The precondition of implementation of self-help is that right can not be resumed or not prominent and difficult to recover until formal procedure by the public succour in law, The means that the one adopts the way of self-help must be necessary and proper. The one should have the intention of saving oneself subjectively. In order to meet the needs of reality, the right to relieve, should also include others' right and public interests. I really hope what in the paper will offer support for the legislative choice and systematic arrangement about self-help. Furthermore, it...