The Self-remedy As A Kind Of Dispute Settlement Mechanism

This text set out from the research of the dispute settlement mechanism, analyzing the classification of dispute settlement mechanism in the domestic and international law field, then pointing out the dispute settlement mechanism is divided into three category type: The self-remedy, social remedy and relief by public force. The relief by public force includes judicial remedy and administrative remedy, the social remedy includes intermediation and arbitrament, the self-remedy is divided into compulsion and negotiation. The self-remedy is the normal that the people solve the dispute in the early society, and it is always the most extensive way to solve the dispute, and it is exist in the modern society extensively. At the same time, the self-remedy also was seen as savage, uncivil way and was subjected to the hostile opinion, the edge of self-remedy come from neglecting and misunderstanding to a large extent, so we should treat the self-remedy seriously. The article uses the method of positive analysis, comparative analysis and functionalism, researches the general theory of the self-remedy, including the conception and categorize and the reason of existence, then examines the present condition of self-remedy and disadvantages in china, points that the law can control self-remedy. This text divides two chapters.In chapter one, the article elaborates the concept, characteristic, type and the reason of the existences of self-remedy. The self-remedy can be defined for: the parties deem that the right suffered hurt, not depending on the national organization and legal procedures, but depending on themselves or private...