| Modern society,it is an increasingly attaches great importance to the rights of society,whether it’s rights or the rights granted in the form of actual implementation and protection,law is highly attention.In the rule of law society,in order to national public power to achieve the public aid force of the means in a core position,but,in essence,no matter any phase of the law,in its all over after all only is regarded as a kind of social adjustment rules,the limitations of law adjusting range determines in many rights have been violated,unable to seek public aid force or time-consuming to seek public aid force,so save your behavior as a choice.In reality a lot of exercise of the self-help behavior was not due to its corresponding regulations,the lack of a clear direction,leading people to wrong understanding of it,thus to some extent,limits the protection of rights and recovery.Besides preface and conclusion,this paper will be divided into the following four parts:The first chapter: basic definition of self-help behavior.This part is the theoretical concept of self-help behavior in the educational world,on the basis of multiple claims on it to make a more clearly defined.At the same time,this paper discusses the characteristics of the self-help behavior,and then illustrate the self-help behavior and the relationship between the public aid force,thus at the macro level to grasp the basic framework of self-help behavior.The second chapter: Self-help behavior justification theory analysis.This chapter is divided into two sections: self-help behavior to justify moral analysis and efficiency analysis of legislation of self-help behavior.From two aspects of moral and benefit in this paper,the author think the self-help behavior in which can rule out the reason of crime and relief the self-help behavior in criminal law educational world has said the law benefit measure which is the basis of the theoretical foundation,social quite said several popular theories and so on,effectively demonstrating the legitimacy of the self-help behavior,to meet the requirements of a certain behavior will not be a crime to deal with.The third chapter: Requirements of the establishment of the self-help behavior.Established condition of self-help behavior scientific and reasonable regulation,and gives detailed explanation,with the justifiable defense,emergency actions and other illegality to compare the deterrent for discuss the similarities and differences,in order to save your behavior have a clearer understanding.The fourth chapter: Self-help behavior method of standardization.This part can be divided into two sections.The first section in this paper,the law of self-help,the canonical transformation,the legislation of the self-help behavior,from private right protection,and individual citizens behavior regulation and the function of criminal law of the necessity of legislation of self-help behavior is analyzed.The second section is about self-help behavior normalized transformation process.First of all,illustrates through the ages in the world for several patterns of behavior standardization and analysis,and then come up with an idea for the self-help behavior standardization of our country,which is suitable for the present situation of our country law of self-help behavior standardization model.This paper proposed to save your behavior as illegal criminal law on the legal deterrent for based on the interpretation of criminal law and the relevant specification clauses,put forward under the basis of the existing criminal law system in our country,the self-help behavior in the specific provisions of criminal law about the right be explicitly stipulated in the property crime. |