Construction Of The System Of Civil Self-help Behavior From The Perspective Of The Compilation Of Civil Code

With the rapid development of China's social economy,the frequency of interaction between people is increasing,and the contradictions brought by it are becoming more and more complicated.In the case where natural rights are violated and it is too late to ask the state organs to protect them,there are often cases where they take measures to protect their rights but are sued by others for infringement.For example,"Lao Lai" who owed money and finally repaid someone,can he temporarily hold his car or other property? If the above measures are taken,do I need to bear responsibility? Based on the above phenomenon,how do natural persons whose rights and interests have been violated? Exercising self-help within reasonable limits is the key to solving this problem.At present,limited to China's laws do not provide for civil self-help behaviors,parties often face the risk of being sued when taking self-help behaviors,and the courts often have various differences in the trial of related cases.With the opportunity of codification of the Civil Code,how to construct a civil self-help behavior system is worthy of our further study.This article retrieves the judgments of civil self-help behavior cases from 2008 to 2019,statistics them,and presents representative cases to analyze the current practice disputes,indicating that there is no definition of civil self-help behaviors in China's judicial practice.There are different situations such as clearing and identification standards,which are not conducive to the healthy development of self-help behavior.At present,the tort liability of China's Civil Code(Draft)has formalized the system of civil self-help behavior,but the rules are relatively simple.Therefore,the author believes that in the process of codifying the civil code,it is necessary to draw on the provisions of the extraterritorial civil self-help behavior system.Then,this article mainly analyzes and compares the legislative style and content of the two major legal systems of civil self-help behaviors,and concludes that the two major legal systems recognize civil self-help behaviors,but the specific provisions are different.Finally,the basic idea of constructing a civil self-help behavior system in China is put forward—general provisions for the self-help behavior system in the general code of the civil code,and specific system design in each sub-section of the civil code,so as to construct a systematic civil Self-help behavior system.