2009year6month28日Wan, Haiyou Doctoral Forum144Issue and Law School Civil and Commercial Law Salon13Issue in Law School114Classroom held。Cheng Ying, a doctoral student in civil and commercial law, gave a report entitled "Self-help Behavior: Legislative Significance and Legislative Design"。Judge Zhang Dawei of Jinan Intermediate Court，Lawyer Shang Guangfu from Sainty Law Firm、Lawyer Zhang Yuliang，Lecturer of Shandong University of Political Science and Law、Zhou Binbin, a doctoral student in civil and commercial law, attended the forum as a guest。Sun Chao, a doctoral student in civil and commercial law, hosted this forum。

The report first elaborates on the concept of self-help behavior and its development process from ancient times to the present，At the same time from the value core、Legal support、Social and cultural foundation、In-depth analysis of the reasons why self-help behavior exists in modern society from the perspectives of human nature and cost efficiency。Secondly，The report analyzes the necessity of legislation for self-help behavior，Point out that the existence of self-help behavior in real society cannot be avoided，The formulation of laws must respect social reality，Use social needs as the basis for judging whether to legislate。Also pointed out Bet365 lotto reviewthat self-help behavior has many legislative implications，The negative effects can be limited through reasonable system design，Thus affirming Best slot on Bet365the necessity of civil legislation on self-help behavior。Third，Legislative model on self-help behavior，The report analyzes the current legislative status of self-help behavior in our country，And by comparing the two legislative models of Germany and Sweden，Points out that general self-help behavior should be stipulated in the general provisions of our country’s future civil code，Provide special self-help behaviors in the property rights and creditor's rights sections of the separate provisions。Also pointed out，During the transition period from separate civil laws to the Civil Code, it is necessary to first provide for self-help behavior in tort law in the form of liability defense grounds。Fourth，The report provides an in-depth and detailed analysis of the constituent elements that self-help behavior should have and the legal effect of its implementation，On this basis, we have made specific designs for self-help behavior clauses for the future Civil Code and the tort law that is being drafted。

In the interactive stage of the forum，Combined with legal practice，Dear guests and doctoral students participating in the forum、Master’s students had a heated discussion on whether self-help behavior should be legislated，At the same time, assuming Bet365 lotto reviewthat self-help behavior is legislated，An in-depth discussion on the limits of self-help behavior，Specifically concerning whether self-help behavior must be based on the existence of an emergency situation，Is it necessary to request assistance from public authorities in a timely manner after self-help behavior is implemented，Is it possible to implement self-help for the property of a third party，Is it necessary to damage property when performing self-help behavior，Does the bankruptcy administrator have the right to implement self-help activities、The relationship between self-help behavior and liens, etc.。Last，Host Sun Chao summarized the report，The forum ended successfully with warm applause。