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A Private Aid Force Towards The Rule Of Law Society

Posted on:2013-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:S H NiuFull Text:PDF
GTID:2246330371494473Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With economic development, civic life in more disputes for the settlement of disputes, in accordance with whether to seek state help, divided into public relief and private relief.Public relief by the State as the leading force of public intervention, intervention by the statutory procedures in accordance with the law safeguarding the rights of citizens to resolve disputes between citizens, the main judicial relief in the public relief, but also package the administrative remedy. Private relief when the rights of the rights of persons aggrieved, the public authority can not be timely or exhaustion of public relief can not be maintained when relying on citizens or non-governmental nature of the organization, a non-statutory procedures to resolve disputes and protect the rights of manner.China is now in a critical stage towards the rule of law, the most important feature of the rule of law is the exclusion of private relief applies to public remedy to resolve the dispute. This paper argues that the lag of the law decided that in order to protect the rights of citizens, private relief as a supplementary means of public relief there must be reasonable and feasibility.Private relief in many departments France, but the regulations and applicable in each sector law is not the same. Criminal law-based self-help behavior to analyze. The historical evolution of self-help behavior, the legitimacy of the status of the criminal law system, the establishment of the elements, the rule of law and the idea of self-help behavior. Research ideas to extract the private relief applies mode analysis of self-help behavior. Complex social situation, our laws lag significantly, civil rights have been infringed, but no means to protect the rights of cases too numerous to mention. Public relief can not completely resolve the dispute, and private relief there must be reasonable. However, in need of legal powers and constraints.Countries should allow the existence of private relief, allowing a number of non-State agencies, organizations play a role in the process of social mediation, play a complementary role to public relief. The state will recognize and encourage the presence of part of the private relief, are also considered from the people, but also people. This is the way of a right also to society.
Keywords/Search Tags:the rule of law, private relief, self-help behavior
PDF Full Text Request
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