"Civil Code" Civil Self-Help Behavior Systemestablishment And Perfection

Civil self-help behavior refers to the behavior that after the rights of the subject of rights are infringed or the rights are defective so that it is difficult to restore the rights in the later period,the civil subject can realize the rights or remedy the rights by himself in an appropriate way without going through legal procedures under specific circumstances.In the civil law rights relief system,public relief has been in a dominant position,but with the development of society,people’s awareness of rights continues to improve,public relief also appeared high cost,poor effectiveness,and other problems,private relief came into being.Civil self-help behavior is one of the typical private relief ways,now has been stipulated in the tort liability of the Civil Code,which makes the legal system of our country more complete,and the rights of the civil subject can be better realized.The legalization of civil self-help behavior is a good start to construct the civil self-help behavior system,which is of great significance to the all-round protection of civil rights and the realization of human rights.This paper mainly discusses the civil self-help behavior from four aspects.Firstly,taking the mature foreign civil self-help behavior system as a reference,making a comparison with the existing legal provisions and judicial situation in our country,and then using the civil law theory to discuss the proper state of the civil self-help behavior legislation level,that is,the complete mode of private remedy in various rights of civil subjects.Then,combined with the legal provisions of Civil self-help behavior in the Civil Code and the current judicial situation,this paper briefly describes how to use the rules reasonably,that is,the state that the rules of civil self-help behavior should be realized.Finally,the paper synthetically puts forward a more feasible improvement path according to the legislative,judicial and legal cognition levels of civil self-help behavior.First of all,this article cites the foreign legislation and the provisions of the civil self-help behavior system in the trial.Although different legal systems have different ways to stipulate the system,the purpose is to protect the legitimate rights and interests of the civil subject.Then expounds our country civil self-help behavior system’s evolution process and the present legislation,the judicial situation,thus reflects our country to the system’s identity and the applicable situation.Secondly this article from the perspective of traditional civil law theory,the theory of shallow civil self-help behavior the legal nature and its position in the civil law system,the paper civil self-help behavior all-round protection of civil rights legislation mode.Then it compares civil self-help with other self-reliant behaviors to show its importance in the civil law system.Thirdly,this article begins with the implementation of the legal rules of civil self-help behavior,combining with the specific rules of civil self-help behavior determined by the laws of our country,discussing the reasonable use of legal rules,the expansion and limitation of private rights should develop simultaneously,otherwise the good law can not play the role of good governance.Finally,this paper discusses the perfect path of civil self-help behavior from three aspects.In the aspect of maintaining order and realizing justice,the civil self-help behavior system plays a good role.It is necessary to correctly understand the legal status of the civil self-help behavior system.In terms of rights protection and relief rights,the civil subject should carry out civil self-help behavior in accordance with the law.The judicial organ should judge the nature of the behavior of each subject according to the rules determined,determine whether the exemption cause is established,and realize judicial justice while relieving the rights.At the legislative level,it is necessary to supplement and improve the system of civil self-help behavior in a reasonable and effective way,so as to guide the behavior of civil subjects.Law is the constraint of citizenship behavior standard,but also be constructed check for basis,with the progress of human civilization,autonomy,freedom is the trend of the development of the law,consciously abide by the law is the best way to maintain order,the establishment of the civil code of civil self-help behavior system in China is undoubtedly the progress of legislation,but there are many things need to improve.