On Self-Help Of Criminal Law

The self-help of criminal law is a special type of self-helps after tort of civil law. In criminal law science it is taken as a kind of supra-law elimination of misfeasance. According to the different approaches this article is divided into three parts: the first chapter is the normal research within criminal law; the second chapter is from the approach of sociology of law and economic of law; and the third chapter is from the approach of literature.The content of the first chapter is as follow: the concept of self-help of criminal law; self-help's systematical position in criminal law science; the scope of self-help in the context of concept of crime of chinese criminal law, and the value of research of self-help of order management and punishment and reeducation-through-labor within criminal law; after study of the related stipulations of code of criminal law and judicial explanations systimatically and controversial cases the conclusion comes that the current criminal law norms imply the logic of self-help, at least there is no obstacle of practising it; then using the fruits of general legal researches as reference , studying the real deduction process of judges in reality and analysing the two different standards of self-help social considerable theory and legal interest measuring, the conclusion is that the difference and oposition of two standards is just the man's imagine, there being no its corresponding objectivity in reality.The second part studies the practical confinements of self-help in real life, mainly as the comparision of strenthes, opportunity cost, the capability of using different level violences, and the posobility of controling of abusing vengeance; based on the assumption that there are two different relationships between self-help and supply of system, warns that people should not expect too much of self-help as remedy of civil rights in any two self-helps. And finally suggets that according to two different self-helps the society ought design different strategies respectively.The third part analyses a couple of popular films and novels abroad and home, as the favourable dwelling of truth, mainly a Japanese film, through its irony expression, exploring its real meaning and value of criticising of reality. The thesis discovers rich forms and material of self-helps in literature, and talks on the relation of law and literature briefly.