The Legitimacy Of Self-help Remedy

In contemporary china, self-help remedy relief its own reason and other factor have its existence legitimacy and the rationality. The practice also proved that drifts away to take the public-help remedy in the legal self-help remedy strength relief the important supply, regarding raises the efficiency,to realize justly, defends litigant's legitimate rights and interests to have the function. Even in the certain circumstance,as a result of its effectiveness, the cost in low, the efficiency in high, but is more direct than regarding the litigant right's safeguard the public-help remedy, quickly, can also manifest litigant's main body participation, also easier to draw close to the nature. Therefore, it is necessary to realize the self-help remedy through the law, causes it to integrate the government by law track, by consummates our country's legal system, satisfies the public to anticipate reasonably to the right relief.Designated that the self-help remedy takes the object of study, has no intention to prove that by no means self-help remedy compares the male strength relief to be more superior, or opposite. This is unimportant. In fact, the different dispute solves the way to have the advantages respectively, who hasn't been more superior. Which way does the key lie to suit in the specific individual, as well as how does he choose. This article structure divides into three parts:The first part is mainly introduces self-help remedy the concept characteristic as well as other basic contents; The second part is the article key part, is mainly from the social culture, the economic analysis and the value and so on multi-aspects carries on the discussion to self-help remedy, explains self-help remedy in the present age social being validity and the rationality; The third that part will carry on the introduction emphatically to the self-help remedy 's future development direction namely self-help remedy's legalization. Serves two purposes through this article to self-help remedy validity analysis:First, enables the people to have a comprehensive understanding and the understanding to self-help remedy, and can earnest, rationally treat self-help remedy. Second, is the people provides one kind of multiplex the dispute to solve the way. In proves in the private strength relief validity process, through with the male strength relief (is mainly lawsuit system) the contrast, reflected from the side in the lawsuit system exists some deficiencies, hoped regarding this has the multi-inspirations, can promote the lawsuit system's consummation and further develop.Provide self-help remedy this lawsuit domain the private strength the topic to study it from the legal principle theory of law angle, not only has promoted self-help remedy theory depth, moreover unifies closely the theory legal science and the department legal science, has certain theory significance. Studies self-help remedy not only to have the theory significance, moreover also has the vital practical significance. Through proves self-help remedy the validity, enables the people to have the correct understanding and when faces it can the rationality, the earnest treatment to self-help remedy. Like this in real life, when has the right dispute litigant to seek relief can instruct the people when facing own case dispute, can analyze male, the private strength two kind of relief advantages, the choice is suitable the optimal path which the dispute solves, can thus effectively and maximum limit protects litigant's legitimate rights and interests.