The Self-help Behavior

Self-help behavior is a kind of private remedy, self-help behavior is that when the rights of subject think their rights have been surfered, in order to protect their rights against which wouldn't realized or the dangerous of realized difficulties,when someone has no time to seek public strength relief or public strength is in nonfeasance, in the form of individual to detain or restrict properties or freedom of obligation. Self-help behavior is an important way to resolve disputes, In real life, self-help behavior often occurs, but our legislation does not require self-help behavior, is undoubtedly a big flaw the legislation. Because of this reason, our judicial practice difficult to accurately grasp and correct judgments.This article is divided into four chapters. The first chapter introduce to self-help behavior, analysis of the basic theory of self-help behavior, such as the outline of self-help, compared with the related concepts, the historical development of the self-help behavior, self-help behavior constituted elements of the legal effect. The second chapter is the theoretical basis of the self-help behavior, it analysis the basic of self-help behavior, cultural and philosophy of law. Especially in the fundamental parts of philosophy of law, it talk about the relationship between justice and freedom. The third chapter is the outside legislative acts of self-help behavior, it analysis the civil law and the common law on the legislative acts of self-help behavior. The last one is the build of our self-help behavior system, analysis our system of self-help behavior legislation and legislation arrangements.Self-help behavior has been recognized by most countries as the way of civil rights remedies and to protected. Although the view on self-help behavior is different between theoretical and practical, our civil code has become the academic consensus which is establish the self-help behavior system. It is necessary to establish self-help behavior in protecting the civil right, fully affirmed the value.