Private Relief Theory

This article gives a systematical research on the remedies of the civil right, using analyzing conceptions, comparing and historical reviewing methods. The course of remedy is in fact the course of that the tortfeasor charged for his liability, so this article argues centered on the system of the civil liability. It consists of six chapters, besides a short preface, and the sixth chapter is the conclusion of the article.The preface introduces the state of researching of the remedies of the civil right, namely the civil liability, and the question this article want to solve, also the values of this article.The first chapter argues the relationship between the remedy of the civil right and the civil liability, includes three sections. The first section introduces the methods, concept and categories of the remedy of the civil right, and deliberates the two norms of protecting the civil rights, which is the rule of liability and the rule of the property. The second section argues the several basics issues of the right of claim for remedy, such as the conception, essence, functions, applications and the types of the right of claim for remedy. The third section gives out that the right of claim for remedy and the civil liability is the same thing. Firstly, it explicit that the civil right, civil duty and civil liability are in the same rank concept, and their relationship are "three in one"(trinity) in the same civil legal relationship. While the personal right, jus ad rem and intelligent property, and the duties (debts) that opposite at them are in the next rank of civil right. The civil liabilities are right based on the civil duties. Finally, proves the identity of the right of claim for remedy and the civil liability.The second chapter argues several basic issues of the civil liability, also includes three sections. Firstly, it introduces the history, conception and characters of the civil liability. Secondly, it argues the relationship between the civil liability and the debt, through explicating the mixture and division of the two, the meaning and rang of the debt, the right of debt and the claim right of the debt. Thirdly, this article argues the relationship between the civil liability and the self-rule of civil law, and between the...