Traditional Culture Encyclopedia - Hotel accommodation - The following self-help friends who are not civil rights are: () D. Wang has a labor dispute with Jinhai Company, and Wang applied for labor dispute arbitration.
The following self-help friends who are not civil rights are: () D. Wang has a labor dispute with Jinhai Company, and Wang applied for labor dispute arbitration.
Self-relief of civil rights of "test center"
Analyzing the self-help of civil rights means that the subject of civil rights takes necessary measures to protect his rights when his civil rights are illegally violated, including self-defense and self-help. Self-defense refers to the ability to take necessary measures to prevent the occurrence or expansion of damage when the civil rights of the obligee are infringed or in real danger of being infringed. There are two forms of "justifiable defense": justifiable defense and emergency avoidance. China's criminal law clearly stipulates the conditions of justifiable defense and emergency avoidance, while the general principles of civil law stipulate active' -3 defense and emergency avoidance as exemption conditions. Self-help behavior' refers to the behavior that the obligee restricts the personal freedom of others or transfers or damages the property of others in order to protect his own civil rights in an emergency. Although there is no clear stipulation on' self-help behavior' in China's current laws, it is still recognized in judicial practice, that is, in order to protect their rights, the subject of civil rights can seal up, detain or take other corresponding measures against the property or personal freedom of others in an emergency, and can't ask the state organs for help in time, which is recognized by law or social morality. Reasonable' self-help behavior' should usually meet the following conditions: it must be implemented by the obligee to protect and exercise its legitimate rights and interests; It must be implemented under the condition that the legal rights are infringed or hindered; It must be implemented in an emergency situation where it is impossible to seek help from state organs in time, and if this behavior is not implemented at that time, the protection of rights will be impossible or difficult to achieve; Its means of implementation do not violate laws, public morals and good customs, and generally only temporarily restrict the property or freedom of action of debtors and injurers; Afterwards, it must be reported to the relevant departments in time. These five points are also four elements that must be possessed in exercising' self-help behavior': first, protect one's rights; Second, it is too urgent to ask for public relief; Third, the means adopted should be appropriate; Fourth, we should promptly request the state organs to handle it afterwards. It can be seen that the above option A meets the requirements of self-help behavior.
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