Self-help Behavior

Self-help behavior is also known as self-help behavior, is fingering benefit been violated, according to legal procedures to wait for state aid relief agencies, it is impossible to restore or significantly difficult to restore when the power to seek to restore their own behavior. Judicial practice, the self-help acts have occurred, with the public remedy, the State authority and there are many aspects of social order, conflict and contradiction. Theory of criminal law generally agreed that self-help behavior is a kind of super-legislation to justify the subject, it self-defense, emergency hedge all belong to the proper conduct of social harm excluded areas. However, China's Criminal Code for self-defense and emergency hedge are expressly provides that both Theory of criminal law also invested more research, while self-help actions being either from a criminal legislation should be regulated, and second, its focus is also less, in domestic law, published on a few of the details in this regard. Thus, all along, how to resolve the judicial practice of self-help behavior, in our theoretical circles and practitioners is essentially a mass of fog. Self-help behavior as a citizen by virtue of the rights of private power to implement relief, from a formal point of view, reflecting the state of order and the pursuit of citizens of the conflict between advocates of free, also contains a self-help behavior between man and violations of the rights of confrontation. Despite this, the state can not and can not be a complete ban on self-help. Because in the public remedy can not play the role of the case, and then deny relief to private power, which means the rights of citizens can not be guaranteed, is clearly contrary to justice. However, private power of laissez-faire will be relief in the real world there are many problems and conflicts. So, how to define in theory, science and self-help behavior, their search for a suitable entry point, in order to not destroy the existing theoretical system, you will not be threatening the stability of the rule of law under the authority and be able to help themselves to adjust the scope of the Criminal Code to include the acts, to improve the theory, to improve legislation, and thus to guide the practice of criminal justice, has become urgent to resolve the issue before us now. For this comparative analysis and value analysis method, a clear concept of self-help behavior characteristics, theoretical basis for the existence of self-help conduct a reasonable search for a clear theoretical support; through the Discrimination and other relevant acts, scientific, rational design of self-help behavior justified The establishment of conditions for its control in harmony with the legal order within the scope of judicial practice for the identification of the nature of self-help behavior, providing actionable standards. And then by analyzing the behavior of countries in the world of legislation on the self-help, as well as acts of self-help movement jurisprudence and doctrine for the salvation of legislative acts and institutional arrangements for selection under the current circumstances feasible control method。...