The Research On The Private Relief Of Civil Rights

Private relief arose before public relief, as one of the oldest remedies, it derived from the deepest levels of human sense of self-protection.After public relief appeared, private relief was gradually being replaced, but as time progressing, there appeared more and more civil disputes that non-public power relief could solve Private relief's unique value was recognized again, Therefore, how to regulate it to play active role and to avoid negative effects had been paid great attention of a national legislation in order to improve the right relief system and protect the legitimate rights and interests of citizens. In our jurisprudence, the study of private relief is relatively weak as well as in civil legislation, just states self-defense, no mention of self-service system of behavior. This paper will do more systematic research in civil rights of private relief and put forward some modest advice.This paper is divided into four parts.The first part, Overview of private relief civil rights. This section will firstly analyse characteristics and connotation of private relief for civil rights from the narrow and broad perspective and point of view from different disciplines, re-define the concept of private relief. Mainly based on its characteristic expression compared with public relief in stating its characteristics, Secondly, analyse the history of its origins to sort out the evolution and compare the two legal systems'different attitudes to the private relief, to clarify the existence of a private relief and its necessity in the history of the development context.The second part, Civil rights analysis of the value of private relief.This section will firstly use the social contract theory and the principle of private autonomy as a starting point to analyse the theoretical basis of law of the existence of private relief, and secondly to focus on the need for private relief options and realistic value analysis, I will use the law and economics and sociology of law to analysis private relief significance and practical significance based on the actual situation in China.The third part, discussion of private relief to achieve civil rights issue. This section is the core of this article, I will state from the private relief civil rights'type, welfare recipients, implementation and the implementation of limits. Regarding the type of private relief for civil rights, I will divide it into self-defense, self-help behavior according to traditional civil law point of view, respectively state their meanings, constituent elements and legal effects. Regarding private relief on the civil rights of welfare recipients I agree to expand the interpretation of civil rights, will discuss which legal rights to explore for private relief, whether the public interest, the the state share fact can become welfare recipients, I will also give views. For private relief for civil rights implementation ways, I will conduct the main analysis on the implementation of self-help approach. For the implementation limit, I will analyze what is the right means and methods of relief to have a certain legitimacy within a reasonable range.PartⅣ, Improve our system of civil rights private relief. In his partⅠwill firstly objectively analyse the legislation status of civil rights of our system of private relief to get the China's legislation lake in civil rights of private relief system. Secondly, according to the preceding analysis, drawing on international experience and practice and relevant legislation, refer to the domestic draft recommendations on the basis of our civil rights improvement of private relief system to make my own ideas and suggestion.