On The Self-Behavior Leagislative Perfection

With the continuous development of society, the awareness in the protection of the rights to continue to enhance. The right there is relief ", the self-behavior is a way for private relief, although in theory the self-help behavior has been some research, practice, many cases of self-help behavior, but our legal self-help behavior has not been be clearly defined. From the case, this paper then briefly describes the theoretical basis of self-help behavior, the concept of self-help behavior, nature, the need for legislation and legal effect, by means of case elements part of a comprehensive study of the core issue of self-help behavior. Draw on the the basis of the provisions of the system of self-help behavior at home and abroad, to put forward their own legislative proposals. I hope to do their part for the legislation of the future self-service behavior of the system. This paper discusses the following aspects:The first chapter:a typical case presentation and assessment. Case leads This article discusses the focus of analysis to do the illustration for the next theory.The second chapter:theoretical analysis of self-help behavior. First understand the basic theory of self-help behavior, its concepts and properties, followed by analysis of the need for legislation and its legal effect of self-help behavior.The third chapter:Elements of self-help behavior. This is the core part of self-help behavior, using the method of case analysis, the implementation of the purpose of self-help behavior, conditions, implementation of the way, after the obligations of the four aspects of a comprehensive analysis of and comments on a tort difference.The fourth chapter:study of buffet behavior legislative model. This chapter lists the provisions of the self-help behavior at home and abroad, and made an analysis summary to learn from China’s legislative mode.The fifth chapter:China’s self-help behavior system of legislative proposals. Of legislative proposals by the above argument, both in the general civil code section to make general provision for self-help behavior, also the property rights of the civil law code infringement compiled to make special provisions.China’s self-help behavior legislation has become a trend, self-help behavior of these legislative proposals and ideas, hoping to provide a reference in future legislation, self-help behavior legislation is more comprehensive, better to protect the interests of the people.