论文部分内容阅读
民法上的自助行为在我国法律中没有明文规定,但是却在生活实践中不断出现。自助行为作为私力救济的方式之一不仅是生活的需要,也是解决公力救济不足的必然选择。自助行为特别容易侵犯他人权利,为此必须谨慎适用。本文在既有理论的基础上对自助行为的适用条件作了简单的修正,分析了自助行为的请求权基础,并以请求权为核心检验了自助行为的适用条件。
The self-help behavior in civil law is not expressly provided for in our law, but it appears continuously in the practice of life. Self-help behavior as one of the ways of private relief is not only the need of life, but also the inevitable choice to solve the problem of insufficient relief. Self-help behavior is particularly vulnerable to violations of the rights of others and must be used with caution. Based on the existing theory, this article makes a simple amendment to the conditions of self-service behavior, analyzes the basis of the right of self-service behavior, and tests the conditions of self-service behavior with the request right as the core.