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Study On The Applicable Boundary Of Civil Emergency Avoidance In China

Posted on:2021-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:K JiFull Text:PDF
GTID:2416330629487732Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Civil emergency avoidance is a dynamic private remedy based on civil rights.Its main purpose is to avoid damage to public rights and interests,the legitimate rights and interests of oneself or others,and to implement the act of avoidance in the case of necessity,so as to infringe upon the legitimate rights and interests of others or myself.The application of civil emergency avoidance in judicial practice in our country is different from the theoretical research in the academic circle,which also leads to the problems of unclear application and fuzzy boundary in the process of judicial application,which shows that the emergency avoidance is inadequate in judicial application.The author collected cases of civil emergency avoidance through and magic of Peking University,and then through data analysis,we can see that the judicial application of emergency avoidance has been greatly improved after 2013,and maintained the trend of annual growth.In this context,it is urgent to apply the system of emergency avoidance and clarify the applicable boundary.Therefore,this paper focuses on the subject of the applicable boundary of emergency avoidance,according to the two main lines of the behavioral boundary and the institutional boundary of emergency avoidance,taking the applicable boundary reflected by the judicial practice as the breakthrough point,combining with the academic theory and practical operation,studies the judicial applicable boundary of the emergency avoidance system in China.It mainly includes some civil related systems and criminal related systems which are prone to boundary conflicts in the judicial application process.On this basis,the corresponding solutions are proposed.This paper is divided into five chaptersThe first chapter,on the basis of discussing the current situation of the system of emergency avoidance in civil law in China,analyzes the specific applicable boundary problems of the system in judicial practice,and analyzes the causes of the problems.The second chapter,mainly from the perspective of the field of civil law,foreshadows the theoretical basis of emergency avoidance,including the concept of civil emergency avoidance,the liability rules of civil emergency avoidance and the legitimacy theory of civil emergency avoidance.The third chapter mainly clarifies the boundary of some civil systems related to the civil emergency avoidance,including the boundary identification and solutions of the emergency avoidance and the brave act system,The boundary definition of civil emergency avoidance and self-defense system.In addition,it also includes the boundary identification of the civil emergency risk avoidance system under the risk of self recruitment.The fourth chapter mainly clarifies the criminal system related to the civil emergency avoidance,and clarifies the behavior boundary and system boundary from the criminal law field.The system of emergency avoidance is not only stipulated in the civil law system,but also in the department law of criminal law.
Keywords/Search Tags:civil emergency avoidance, judicial application, behavior boundary, system boundary
PDF Full Text Request
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