Buffet Behavior. Tort Law

Private relief began in the early human society, was once the sole right to relief under the anarchy way. With the development of society, the progress of human civilization, the country's power generation and the continuous strengthening of public, private relief position was gradually replaced by public relief. In modern society, the private relief and more seen as a barbaric, backward, anti-civilization of the remedies, they have been severely restricted by national laws or even banned. But in fact, public protection has its inevitable limitations, have difficulty often leads to right relief, and private relief in many ways to make public remedy the defects, for more effective relief and protection of civil rights are very important.As one main form of self-help behavior, private relief refers to human rights protection of their rights, the situation is urgent and can not be timely request for relief under state authority, or freedom of other people's property to be seized, bound or destroyed behavior. Currently, the laws of many countries and regions already have defined clearly self-help behavior, and the value of self-help behavior has caused a legal theory and practice of the same concerns, but for self-service nature of the act, elements of the legal effect and how to locate the civil law system and other issues, the academic community, there are still controversial. China's existing law has yet to be laid on the self-help behavior, but in real life there is a lot of self-help behavior, and the judicial practice many difficulties arise, are aroused scholars and lawmakers on the behavior of the system self-importance. Based on the behavior of foreign scholars on the self-help theories and the behavior of domestic and international self-help classic comparative analysis of legislative practice, jurisprudence and legal system from the perspective of self-behavior analysis, which acts on the value of self-affirmation of its nature to define, clarify the behavior of the system of the need for self-help and self-help behavior of this system based on the specific issues of legislation.This article is divided into four chapters. The first chapter defines the meaning of self-help behavior, studies the history and international system of self-help behavior, to clarify its legal basis and institutional values. The second chapter discusses the self-help behavior should be placed in what position in the tort law issues, focusing on the analysis of self-help nature of the act, defenses and exemptions to clarify the difference, determine the nature of the act is self-defense rather than the subject of exemption Reasons, and with self-defense and other defenses were analyzed, and then define the behavior of self-defense should as the defense cause of infringement be regulated. The third chapter around the specific content of self-help behavior, makes the components and legal effects of self-help behavior clear. The fourth chapter from the situation of China clarifies the need for self-help behavior, and with the comparative analysis of foreign legislations, makes the objective assessment of the provisions on self-help behavior in China's"Civil Code (Draft)", points its value and insufficient, and then gives the legislative proposals, how to design the self-help behavior system.