Private Enforcement Of Legal Analysis And Legal Regulation

Because of public control of public law enforcement system based on private control deficiencies and irregularities in the private enforcement operation (of course there are other reasons), China's laws in the running process is frustrated, weak law of self-realization, to be further improved. The article attempts to demonstrate the introduction and norms in the relevant field of private law enforcement, the establishment of private law enforcement and public enforcement mechanisms will in a sense of interaction to improve the legal effect of self-realization.Chapter I of this article private enforcement to conduct in-depth analysis of the jurisprudence, literature analysis method applied to read the relevant law enforcement-related theory, drawing on the basis of previous works, through domestic and international academic research on private enforcement of text analysis according to our specific reality, summed up the meaning of their own private understanding of law enforcement, That private enforcement means an individual, organization or some kind of social forces under national law, folk customs law or customary rule of the law or breaches of private monitoring, investigation, and accordingly, or violations of the law punishes or proceedings behavior. Analysis of the characteristics of private enforcement. And in accordance with different standards into the legality of private enforcement of private law enforcement and illegal private enforcement (enforcement error) and individual law enforcement, law enforcement organizations, law enforcement and social forces. Concepts of private law enforcement and a comparative analysis. Set the limits of the five principles of private enforcement: private enforcement actions must adhere to the principle shall not prejudice the legitimate rights and interests, public order and good morals shall not be contrary to the principles of efficiency and value principles, proper principle and the principle of necessity. These principles set, the wrong treatment for private law enforcement has laid a theoretical basis.Chapter II of this article with social contract theory as the core explanation of the perspective of law enforcement efficiency and fairness, the lag in public law enforcement, passive and limited as the starting point, from contract theory, theory of human nature and the autonomy of three aspects to describe the legitimacy of private law enforcement.Chapter III of this article the methods of Applied Economics and the Law of the methods of anthropology to public law enforcement and private law enforcement conducted a situational comparison, That the existence of a functional public law enforcement limitations and the limitations of logic; Through the enforcement of public law enforcement cost and efficiency of law enforcement that the public law enforcement to some extent the existence of high cost and low efficiency of the phenomenon; Public law enforcement is facing lack of human environment and public crisis of confidence in law enforcement. And analyzes the comparative advantages of private enforcement, that private enforcement can reduce the cost of law enforcement, private enforcement direct, efficient, convenient and private law enforcement resources is conducive to the efficient allocation of law enforcement.The final chapter of this paper is the theory of private law enforcement building, By public law enforcement perspective trend in private, that privatization of public law enforcement trend of globalization, some law enforcement mechanism in the selective introduction of private enforcement mechanisms, to guide, regulate private law enforcement, take full advantage of the positive features of private law enforcement in order to promote the reform of public law enforcement mechanisms and improve, promote and improve the legal mechanism for self-realization, in order to protect the lawful rights and interests of citizens. And theoretical basis of private law enforcement, the need for and define the scope of private enforcement of laws and their application methods, the paper proposes to encourage and guide private supervision to achieve through private control of social control, a public law enforcement and private enforcement interaction mechanism of the deep causes of the error of law enforcement and accordingly the method of governance.