On Regulate Self-help Through Law

Face increasingly numerous and complicated disputes in modern society, traditional judicial remedy, such as litigant resolution of disputes could not resolve all disputes. Because of the immanent disadvantage of judicial remedy and the specialties of self-help which are convenient and efficient. So the first choice of most people is self-help.The dissertation falls into three parts. Chart 1 discusses the reasons that regulate self-help by law. Section 1 summarizes conception and the historical development of self-help. There are many different understandings of self-help during scholars now. So define self-help is necessary for next research. Then it is necessary that describe the historical development of self-help for more understand it. Section2 research the value of self-help. The section explains the importance of self-help through jurisprudence and practical aspects. And jurisprudence analyze use the theories about rational choice and fairly rights. We can not forbid self-help absolutely and it is impossible. Section3 explain the necessity of regulate self-help through law.Charte2 discuss feasibility of regulate self-help through law for research the connection between self-help and judicial remedy. Self-help and judicial remedy have close relationship, interact, assimilate and transform each other. Both of them constitute the two sides of rule of law. The relationship makes regulate self-help be come true. The best choice is regulate self-help through law, makes it well-balanced develop .There are no handicaps in institutional or academic. Then, there are a lot of illustrations in true-life.Chapter3 tries to achieve social control on self-help through law. The limits of self-help makes people become them own master. Relief rights by ourselves are more immediate and self-conscious than assist from nation. Self-help and judicial remedy must compromise and cooperate based on the availability of law by states and folk customs. If they cooperate, it will be propitious to the most people in society, and if they are not cooperate, it will be bad at the most people in society. The chapter designs how to regulate self-help through law by legislate, justice and execute the law. Make it function positively, limit and channel its negative functions, and construct a multiple dispute settlement mechanism under which judicial remedy, self-help and social remedy interplay conducively.