Study On The Act Of Helping Oneself In Criminal Law

The act of helping oneself, refers that during the continuing violations, in the state of being difficult to timely protection and restoration of rights under relying on the public relief, according to the right of helping oneself, the actor could act the action of detaining the perpetrator of the unlawful act, or seizing, detaining and destroying his property. The act of helping oneself has advantages in express, flexibility and low cost. Thus the act of helping oneself has the reality base to exist, even in the nation where there is the sound protection of the rights of citizens, and the perfect rules. So all the countries endorse the legitimate of the act of helping oneself. Because of the differences in the legal developments, correspondingly there are differences in the way of endorsing the legitimate of the act of helping oneself. The South Korea endorses the legitimate in the Penal Code, and Germany in the Civil Code. In common law countries, the legitimate of the act of helping oneself is considered as the defend reasons. The theory was widely recognized in judicial. In China, the legislation of the act of helping oneself is completely blank. This state makes the affairs to have widespread doubts about the legitimate of the act of helping oneself. It is far from uniform treatment in the judicial practice. To eliminate the derailment phenomenon between the reality and law, the author wrote this article. As the level of the author and the time of study are limited, this study id from the perspective of criminal law, to explore a range of issues of the act of helping oneself.The article is divided into introduction, body and conclusion.In the introduction, the author briefly introduces the understanding about the legitimate of the act of helping oneself in the countries in the world, an our status of the act. The author also clearly defines the purpose and scope of the article.