A Study On The Scope And Limitation Of Private Relief

In modern society under the rule of law,social contradictions increasinglydiversified,Private remedy still is one important way of resolving dispute,supplementthe shortage of public remedy. private remedy also like public remedy needs the lawto regulate.This article is about thirty thousand words, is divided into four chapters, startingfrom the scope and limit, the private relief conducted in-depth research, put forwardsome suggestions to regulate self-help behavior.The first chapter, bases on a series of illegal rights case leads to self-help topics,points out that the private relief is one relief way,which need to regulate. Thencomes from the concept and the characteristics of private remedy, refers to the valueand defect, and then points out the necessity of law to regulate the private relief.The second chapter, talks about the scope of private remedy from differentpoints. First of all, from the perspective of historical development, points out theeffects of different period on private relief attitude. Then from the laws of countriesto discuss the regulations for the range pf private relief. The scope of private lawrelief, the Department of law as the angle of view, in the whole legal system, not onlyin the field of civil and commercial law. This method of comparative study to show,compared to the other countries’ law, our limit to the scope of the private relief isnot necessary.The third chapter, continues with the comparison research method, and combinedwith relevant cases, introduces different provisions of civil law and the common lawon private relief force limit, as well as the judgment standard, with the relevantprovisions of Chinese law are compared, pointed out that our laws on private relieflimit imperfections the provisions on limits, is very fuzzy, not easy to judge.The fourth chapter, in the previous chapter, from countries as relief scope andlimit for private power, and relevant cases, put forward the conception of constructingthe private strength relief system of legal control, improve the scope around theprivate relief and the relevant provisions of the specification limits, as well as privateon several typical Relief Act, to establish a complete private relief system, the diversification of the dispute in order to construct contains private remedy, publicremedy and Social Remedy mechanism.