Study Of Self-behavior System

Self-help behavior can be defined in the narrow sense and broad sense. The exclusive characters of self-help behavior make difference between self-help behavior and other self-redress behaviors. Self-help behavior is the limited absorption of the reconstruction of self-redress behavior brought by the state force. It is the Germany corpus of civil law that established as a official nomenclature originally .Self-help behavior can be sorted in different standards. The justness of the self-help behavior can be proved by the theories of civil law : To admit the justness of self-help behavior accord with the fundamental principles of civil law and it is necessary to harmonize the conflict between the realization of the proprietor's rights and provisions of possession.The essential elements of self-help behavior include prerequisites and the conditions of application .The prerequisites of self-help behavior include:(1)There are rights of claim which are propitious to self-help between the creditor and the debtor;(2)To realize the rights of claim is nearly ,in danger ,which is caused by the creditor can not obtain the help of the force of state. The conditions of process of operation include;(1)The self-help behavior must aims to protect the own legal rights;(2)The doer should exert self- help in the legal way;(3)The doers'act shall not go beyond the necessary limit in the process of exerting self-help.The doers should perform the subsequent act after exercising self-help; The performance of self-help can produce some legal binding force. There are common points and differences between lien and self-help and between rights of retaking of rossessor and self-help. The self-help behavior is a nomenclature of civil law; it is different from the self-savage behavior of the criminal law.There are a lot of limitations in the legislation draft by the Legal committee of the National People's Congress Committee. Firstly, it is not proper to locate the self-help in tort. Secondly, it doesn't point out the essential elements clearly. At last, there are no common regulations in entity law and procedure law. In this essay, I will bring forward my own opinion on this topic.