A Jurisprudence Analysis Of Private Remedy

Despite the diversities in the dispute resolution today, the public remedy still poses dominant position. Although the private remedy is widely practiced in daily life, it is still in a relatively low position compared to other ways. The negative impact of private remedy is attracting people's attention, but its positive contribution in resolving disputes is never researched in-depth. Regardless the weak position of private remedy and its lack of law regulation, large number of private remedy exist in the reality. That phenomenon has also caused a number of contradictions and inconsistencies, such as the missing regulation of private remedy and the confusion in practicing of private remedy. The purpose of the article is carried out by legal analysis on private remedy, to raise public awareness of private remedy, to make private remedy recognized by laws and regulations, to enhance their legal status, and to provide a healthy development platform for private remedy. The main contents of the article are: Introduction to the general theory of private remedy (concept, characteristics, types, development trends); analyzing the fundamentals of private remedy's existence (theory, social infrastructure, the expression of its legal value), to illustrate the private remedy should have certain legal status; reveals the unique advantages of private remedy in the settlement of disputes by comparing it to the public remedy, indicating that private remedy is not only justified, but also necessary for the social reality, highlighting the value of regulating private remedy by laws; summarize the existing obstacles in private remedy (the lack of law regulation, and in the reality it will do violate various types of rights), and indentify the reason of obstacles; finally make recommendations in principle, universal norms to private remedy system, for different private remedy we should make different approach on its regulation.