论自助行为-民商法学专业毕业论文.docxVIP

4 黑龙江大学硕士学位论文 黑龙江大学硕士学位论文 mY㈣1m9洲4l＼l＼＼洲0洲8㈣811118脯 Abstract In general，the complete relief system is composed of public relief force and private relief force．And Self-help behavior is one of important forms of private relief ^l，k force．Self-help behavior reflects the justice of the law and the value of order’efficiency and its rmional regression is the inevitable trend in modem civil legislation．At present the attitude towards self-help in most countries in the world is to accept it in principle and legally regulate it． In China Self-help behavior has a long history and is up to the concept of Chinese traditional culture．Therefore to build up the self-help behavior system in China is the rational choice which is in keeping with the social situmions and conforms to the development of the period．However,the self-help behavior in china remains the status of legislation absence．China recently enacted the¨Tort Liability Law of the People’S Republic of China”with deleting the provisions relating to self-help behavior that written formerly in its draft text．The deletion of the provisions in the enacted law is no doubt a pity from the aspect of legislation．Though there are provisions on self-help behavior in the draft text of The Draft Civil Code of the People’S Republic of China and The Civil Mandatory Executive Law of the People’S Republic of China,both of which are under the preparation by Chinese government now．The provisions on self-help behavior in the draft text of above mentioned laws are still immature and need to be improved． I believe that we should build up the self-help behavior system by the way of civil I ～1’ legislation．we should also confirm the legal position for self-help behavior in”The Draft Civil Code of the People’S Republic of China”that will be enacted in the near future，with having general regulations tO self-help behavior in General Principles and classified regulations to self-help behavior pointing at given rights in Specific hts，Tth Abst