On The Self-help Behavior

In modern society, although people have kinds of rights, their rightsstill were frequently infringed by others. So in our civil law we mustprovide the civil rights and establish the right relief system. In thissystem, include two kinds of right relief, public remedy and privateremedy. As a long time, people paid much more attention on publicremedy instead of private remedy. Even in our legislation we can notfind the term of the self-help behavior. In that situation, most of peopleignored the existence value of the self-help behavior. In this paper, I tryto improve the active function of the self-help behavior for protectingthe individual rights of citizen. In detail, I reestablish the definition ofthe self-help behavior, discuss the historical development, existencevalue and concrete theory of the civil self-help behavior and compare itwith relative system of other nations in order to establish the self-helpbehavior system in our country.The paper divides into five parts.The First part is about the outline of the self-help behavior.Firstly, in this partⅠreestablish the definition of the self-helpbehavior. The self-help behavior is an initiative behavior to protectpeople's right by the force of himself or seeking other's help whenpublic remedy can't arrive in time or can't protect the right effectively.Secondly, in this partⅠintroduce the historical development of theself-help behavior, which contains the form of the self-help behavior inits seed stage, the form of the self-help behavior when it became anindependent system of law. By analysis the historical development, weknow that the self-help behavior has a glorious historical origin. It is therational product as law treats the private remedy. Therefore we have thenecessity to carefully examine its existence value.The Second part is about the existence value of the self-helpbehavior.Firstly, I analyzes that the existence of the self-help behavior is essential. Secondly, I sets forth that the public remedy is the dominantmeans in the relief of the civil right. The self-help behavior is theessential supplement of public remedy, and it is applied for peculiarcircumstances.The third part is about the self-help behavior in comparative law.It introduces the interrelated legal provision in some countries, thencompares them, and gets a conclusion that many countries haveprovided the self-help behavior in their legislation. It also proves thevalue of the self-help behavior.The fourth part is about the concrete theory of the self-helpbehavior.It mainly includes the constitutive elements of the self-helpbehavior and the effectiveness of the self-help behavior. The constitutiveelements of the civil self-help behavior comprise of, it must be on thepurpose of protecting people's own rights, it must be applied for peculiarcircumstances, it must be in legal way and in a limitation.The fifth part is about the concrete consideration of establishing theself-help behavior system in our country.Firstly it introduces the present situation of the self-help behaviorin our country. Secondly, it analyzes the necessity of establishing theself-help behavior system in our country. Finally, it put forward theconcrete proposal how to establish the self-help behavior system in ourcountry.