Civil Dispute Resolution In The Private Relief And Its Legal Regulation

This article proposes to apply the analytical methods of theory and comparative real example to elaborate the characteristics, manifestations, causes of existence, functions and defects of private remedy in the context of civil dispute solution, to investigate the out way of regulation of law.In this article, the author insists that private remedy has long being existed alone with the history and human nature. It is a responsive nature of people to resolve disputes and has its justifiability and necessity of existence. Moreover, it is really important to resolve contradiction and preserve social stabilization.Private remedy and public remedy have close relationship, interact, assimilate and transform each other. Both of them constitute the two sides of rule of law.In the process of constructing dispute resolution mechanism, it is pivotal to choose, optimize, restrict, and eliminate the means of private remedy, in the bases of exact understanding of private remedy, exert the positive effect to maxims extent, thereby to provide important balance, addition, and support to promote social harmonization and the establishment of legal order.