Research On The System And Practice Of Self-help Behavior In China

Self-help behavior is a way of private remedy,which is of great significance to the right holders to protect and realize their rights.For various reasons,China has not stipulated self-help behavior in its legislation.However,it cannot be denied that the actual use of self-help behavior in real life will not disappear due to the lack of regulations.This situation was broken with the promulgation of the "Civil Code of the People’s Republic of China".The "Civil Code" stipulated self-help behavior in Article 1177,and finally realized the legislative from scratch.However,it shall be noted that the regulations in terms of self-help behavior are relatively simple,and there are still ambiguities in some places.At the same time,there is obvious confusion in the application of self-help behavior in practice.Therefore,it is necessary to clarify its system and practical value,and correct the existing deficiencies of the self-help behavior system.In addition,some problems that the current self-help behavior system has shown in practice should also be sorted out and analyzed based on judicial precedents to find solutions.In view of this,this article will discuss the matter of self-help behavior from four aspects.The first chapter is to explain the connotation,character,system value and practical value of self-help behavior.By studying the connotation of self-help behavior in the broad sense and narrow sense,we determine that the narrow sense of self-help behavior shall be held in our country.Defining the dual character of self-help behavior with rights protection measures and exemptions.And then it will discuss the value of self-help behavior in the system and practice to clarify the unique position of self-help behavior in the rights relief system of our country.The second chapter will discuss the formation model of self-help behavior system.And then it will analyze the constituent elements of self-help behavior in our country,and points out the progress and shortcomings of the current system.It is confirmed that my country has chosen the former in the two content modes of general command and specific,and at the same time evaluate the choice of construction style.Confirm the four elements of self-help behavior in our country.Explain the progress and shortcomings of the current self-help behavior system.The third chapter explores the dilemma in the practice of self-help behavior.It will start with the existing judicial cases and samples.And then sort out the situation and trend of self-help behavior identification and the distribution of the cause of the case.Discover the fact that self-help behavior is abused however restricted in different areas.It is mainly abused in the field of property rights protection,contract field and neighboring relationship field.However it is restricted in the area of protection of personality rights,which are worth discussing.At the same time,self-help behaviors are also restricted by non-civil liability to some extent.The fourth chapter will study the way to better the self-help behavior in China.It focuses on tackling the deficiencies in the self-help behavior system and the difficulties in practice.Regarding the system,both legislation and interpretation should be adopted to rationalize legal norms.And the boundary between self-help behavior and public remedies should be clarified.The exemption effectiveness of self-help behavior shall also be re-identified and a more uniform standard for determination should be established.And the consistency of the laws of various departments in terms of self-help behavior shall be enforced.In terms of legal practice,some chaotic application issues in the contract field shall be rectified.Proposing reasonable ideas for the practice of self-help behavior in neighboring relations.The way to restrict the application of self-help behavior shall be determined.