自助行为作为重要的侵权责任免责事由之一,早已被多数国家所承认,而我国现行法律并未对此作出明确规定,这一方面使得民事主体不敢大胆地保护自己的合法权利,另一方面又造成司法资源的极大浪费和效率低下,害莫大焉。本文认为在将来的侵权法和民法典中必须给予自助行为应有的法律地位,明确规定其可以作为侵权责任的免责事由之一。 Self-service behavior, one of the exemption causes of important infringement liability, has long been recognized by most countries. However, the current law of our country has not clearly stipulated this. On the one hand, the civil subject can not boldly protect his legal rights. On the other hand, It also caused great waste and inefficiency of judicial resources, which greatly affected Yan. This paper argues that in the future tort law and civil code, the due legal status of self-help behavior must be given and it should be clearly stipulated that it can be one of the exemption grounds of tort liability.