Study On The Self-help Behavior In Civil Law

The self-help behavior in civil law is an important part of the civil right relief system. At present, many countries and regions have already established the self-help behavior system to make up the lake of public remedy. The self-help behavior system has not established in our country because shackles of related theory and legislation guideline. The thesis explores how to establish reasonable regulation of the self-help behavior system and puts forward relevant legislative suggestions to stimulate more ideas form others.Besides the introduction, the paper divides into four parts:The first part is about the outline of the self-help behavior in civil law. In this part, it analyses the meaning and characteristics of the self-help behavior, the development of the self-help behavior respectively form foreign to domestic and the value of establishment of the self-help behavior system to our civil law and preparing for the following parts.The second part is the analysis about the legislation cases of the self-help behavior in civil law in some countries and regions. This part is mainly analyses similarities and differences of the regulation about the self-help behavior system in some countries and regions. It introduces the interrelated legal provision in some countries of the civil law system and the common law system, then compares their similarities and differences of the regulation and gets a conclusion that many countries have provided the self-help behavior in their legislation. It provides significance for China to make the system play positive role and avoid its negative impact.The third part is about the present situation of legislation about the self-help behavior system in our country. It briefly introduces regulation of the self-help behavior system in China's present civil law and all the draft civil code and analysis the regulations'reference to establish the self-help behavior system in China's future civil law. Though our current civil law has not established the self-help behavior system, the system in theory and practice is often discussed and use. Because of the law has not made specific provision, causing the judge judges concrete case in different criteria. So the author gets the conclusion that the best way is establishing self-help behavior system in the legislation. At present, four versions of the draft civil code of self-help behavior made provision, although different perspective and formulation, it will stimulate more scholars to research on the self-help behavior system. The fourth part is about a suggestive draft of legislation on self-help behavior system. It summaries the thesis up, tries to work out a suggestive legislation, which is a reference for legislature. Based on the predecessors' achievements, absorbs the essence of the domestic and foreign legislation, the author proposed legislation suggestions aiming at self-help behavior system legislation style, the constitutive requirements and legal effect, wishes it can be establish as soon as possible.