Study On The System Of Self-help Behavior

As an important form of private remedy, self-help behavior is from the deepest human instincts of self-protection, how to carry out reasonable regulation to make it play a positive role and avoid its negative impact is a problem that many countries have to face. At present, many countries and regions have already established the system of self-help behavior to perfect the system of right remedy and make up the lack of public remedy. This is not only the needs of the protection of individual legitimate rights and interests, but also the needs of the social order maintenance. However, in our country, people have not paid sufficient attention on self-help behavior for a long time, and more the lack of an in-depth study. This is inconsistent with the existence of a large number of self-help behavior that drifted away from the laws in real life. Therefore, this paper intends to explore a more systematic study on system of self-help behavior, and put forward some views of myself.This paper divides into three parts to explore and research the system of self-help behavior.The first part is about the outline of the self-help behavior. Firstly, in this part I analyze the concept of self-help behavior from narrow sense and broad sense, and focus on the narrow sense, then I reestablish the definition of the self-help behavior. Secondly, I study on the origins and evolution of the self-help behavior, and the embryonic stage and formative stage of self-help behavior's legislative situation, to clear the historical development of the self-help behavior and its necessity to existence. Thirdly, from the perspective of Complementary relationship between the self-help behavior and the public remedy, to explain the legal thinking of the system of self-help behavior, and reflects its value.The second part is about the concrete theory of the self-help behavior system. Firstly, in this part I research on the constitutive elements of self-help behavior, and make it clear between the legal behavior and illegal one. Secondly, I resolve the legal effect of the self-help behavior to explore the issues of its anti-actually illegal character and fulfillment of subsequent obligation. Thirdly, I research on the issues that are similar with the self-help behavior to make a more profound understanding of the self-help behavior.The third part is the necessities of establishment the self-help behavior system in China and its concrete legislation design in civil law. Firstly, in this part I try to probe some self-development features of our own society to conclude that it's necessary to establish the system of self-help behavior in China. Secondly, according to discussion and analysis of the front parts, and the reference to domestic and international relevant practice and experience of legislation, I put forward my own suggestions on the legislation of self-help behavior in civil law in China.