Behavior Of Friendship Under The Legalframework

China is a country with thousands of years of history and civilization. In a country with an ancient civilization, China is only a civilization are intricately heritage so far countries, Chinese people often in a state of ceremonies itself. The Chinese people pay more attention to the social intercourse between people and his country. In China, helping others is an important part of the traditional virtues of the Chinese nation, the family harmonious socialist harmonious society is the inherent meaning. Friendship in China is particularly common is also very important. But in recent years there has to "kindness by""common drinking" between "upstairs downstairs neighbors help each other""marital loyalty agreement" to represent the friendship dispute repeated the poor, causing the social widespread concern and judicial practice of chaos. The research on this kind of friendship behavior, German comparison system, standard, common law system country usually takes the case law in this also have a lot of case. In China, there are few studies on friendship, and the existing theories are basically the translation of the theory of Germany.. This has a certain significance to resolve the judicial disputes, but the behavior and habits of the Chinese people is clearly different from his country. It is improper for the Chinese people to solve the behavior of the Chinese by using the norms theory.This paper studies the legal system of friendship through the three part hope to explain the friendship and disputes caused by the friendship. In the first part, through the research status, characteristic analysis and the choice of pure friendship behavior, the value choice of moral or law is more accord with friendship behavior.. From what has been discussed above, the legal concept of friendship is finally concluded.. The concept is the basis for the study, and the right definition of the study paved the way for the follow-up study. On the basis of the first part of the paper. Through the article the second part analysis the difference between friendship behavior and acts of civil law distinction and factual civil behavior, because the civil legal relationship caused by the civil actions and events, and the difference between the friendship behavior and event is very obvious. In the judicial practice, the friendship and the civil behavior are confused easily, but the civil action is divided into the civil legal act and the civil factual behavior. Clarify friendship behavior and civil legal acts, factual civil act differ to prevent inappropriate expansion of law, flooding caused by the law, a violation of social life in the most tender feelings. The intention of the friendship act is usually to help others, free of charge, and no return.. However, when the kindness has done a bad thing can lead to disputes, and then to the law. In the third part, the author through acts of friendship can be v., imputation principles of liability, constitutive requirements and exemptions to demonstrate that want to be right, the responsibility to determine the appropriate, expecting to provide useful help for judicial practice.