Law Research On Offensiver Notstand In The Civil Law

Emergency necessity is a very important self-help mode, and it is very important for our social development and daily life. Emergency necessity reflects the support for the private remedies in legislation of our country. Chinese civil law has not yet to make specific provisions for the type of emergency necessity, but from the relevant legislation or research results, we can divide it into Defensiver Notstand and Offensiver Notstand.Offensiver Notstand is an important legal system, plays an important role in our life.So far, there are many doubts and confusion about the research of Offensiver Notstand. In this case, it is very important to reassess and study Offensiver Notstand. This paper will be divided into six parts to discuss Civil Offensiver Notstand. The first part of the paper is the introduction part, analyzes the current status of emergency necessity, why the emergency necessity is divided into offensive and defensive by the type, and analyzes Offensiver Notstand whether has a reasonable basis. The second part analyzes the plight of Civil Offensiver Notstand and its legislative significance. The third part of this paper defines emergency necessity under the perspective of civil, divides the concept and the type of emergency necessity, and defines the concepts and elements of Offensiver Notstand. The fourth part distinguishes the definition of Offensiver Notstand under civil and criminal perspective, analyzes the differences of civil and criminal Offensiver Notstand, and the uniqueness of Offensiver Notstand on the application of law. The fifth part analyzes the civil liability of Offensiver Notstand. By inspecting domain inside and outside the law, analyzes how to understand the concept of appropriate responsibility and fair responsibility? If a crisis caused by the damage of human, how should provide protection for the interests of the victims? What kind of judgment is consistent with "the principle of fair responsibility" ? In the civil liability determination of Offensiver Notstand, how to achieve a fair result, how reasonable to use "the principle of fair responsibility " ? Which rules should be chosen to adjust the civil liability of the emergency necessity? The sixth part of this paper analyzes how to improve Civil Offensiver Notstand, and discusses from the perspective of classification and civil liability.There are many doubts and confusion in the research of Offensiver Notstand. In this case, survey and research on Offensiver Notstand are very important, and have greater significance. We need to continue to strengthen the study of civil emergency, improve relevant institutional system, and promote social development.