On Private Remedy In Legal Society

There are many kinds of way to solve dispute, the way can be classified into three on the basis of means, through legal system or administration or self, the writer divide them into public remedy and private remedy.The public remedy rely on the intervention of state power through legal procedures ,including judicial remedy and administrative remedy. The definition of private remedy is the party rely on their own or others or some social organizations to resolve disputes not through legal procedures.In real life, many of the disputes are solved through themselves, whether it is consultation, threat, inducement or other means. The paper is during the analyze the criminal cause of the temporary workers from countryside(TWC),the aim is dissect the defect of the public remedy, simultaneously lead to the suspicion to the public remedy ,and analyze the private remedy in order to elaborate its valid and develop the function in further.The way of solving the dispute rely on public or private,the short of the public remedy brings the strength of the private remedy, presents this disappears other is long situation.Whether the government may consider establish this kind of order:the country has the choice to premit some private remedy ways exist,and allows some non-government organization mediate in the process in society to play the certain role ,and make private remedy complete the public remedy.In order to attain one kind of harmonious condition.This article has five partial constitutions.The first part, elaborate the theory of private remedy, including concept, characteristic, right as well as with the difference with the raditional private remedy theory.The second part, introduce the situation of the private remedy in some oversea representative countries, discovers the worth which is valued for our country.The third part, elaborate the relation between the private remedy and the public remedy, through proving the defect of the public remedy to analyze the supplement function of the privat remedy.The fourth part, introduce the situation of private remedy in our country at present, discovers the question, and elaborate the necessary of the private remedy in our country.The last part, imagine the mode of the private remedy in legal society, in order to seek a way to improve it.