Research On The Self-help Behavior In Civil Law

As one of the ways of private relief,self-help behavior plays an important role in the relief of rights.At present,countries and regions that recognize self-help behavior stipulate self-help behavior in the exercise of civil rights or treat it as a defense.However,since the founding of the People's Republic of China,the legislation on self-help behavior has always been in a vacancy.Due to the limitations of money and time cost of public relief,uncertain judgment results,and untimely relief,self-help behavior is prevalent in practice.However,due to the lack of legislation,there are many problems in judicial practice,such as different judgments in the same case,confusion between legitimacy and infringement.According to the idea of natural law,self-help behavior belongs to the category of natural rights.It originated before the state power.The state power originated from the transfer of part of individual rights.When the state fails to realize the original intention of citizens to deliver their rights,it should allow the individual strength to play the role of relief rights to a limited extent.In terms of human nature,as an emotional subject,human beings have the human instinct to safeguard their rights and dignity.The implementation of self-help behavior is based on the externalization of behavior under the control of human nature.From the perspective of jurisprudence,the psychological process and means of self-help behavior belong to the pursuit of corrective justice,which is consistent with the value of justice pursued by public relief;the order value that self-help behavior wants to maintain is the natural law order outside the substantive legal order;and the right holder is endowed with self-help means to maintain the unity of the value of justice and order.In economics,self-help behavior reflects the pursuit of maximum benefit with the least investment in the rational actor model.At the same time,the establishment of self-help behavior in practice also helps to improve the judicial relief system and clarify the boundaries of self-help behavior,and conforms to the traditional cultural spirit of"harmony is the most precious","litigation-weariness" and the development stage of building a well-off society in an all-round way.The implementation of self-help behavior should conform to the statutory requirements,and the subject of the action should be decided by himself but not limited to the implementation in person;the subjective should have self-help awareness and self-help will;the object of the right should be limited to the legal right to claim relief and the object of protection should be enforceable in public law;the objective requirements should be in line with such cases as too little time to request public relief or too little amount of subject matter,trivial and frequent incidents.External circumstances;means of conduct stipulated for the seizure of property,damage and personal restriction and other similar ways;limits of regulation to "equivalence" and "rational person" as the basic criteria for judgment;according to the types of means to distinguish the obligations of reporting to state organs after the event.Liability should be treated differently according to different legal effects such as legitimacy,excessive,error and abuse.In the legislative design,self-help behavior should be placed in general provisions to provide support for the typified self-help behavior in the general provisions and maintain the stability of the law.