Under The Rule Of Law In The Process Of Private Relief Force Of Legal Research

It is all know that public remedies play an very important role in the field of socialcontrol. Judicial remedy and administrative remedy are the hot spot in the study of publicremedies by legal person. But, recently, as Positivism rising in law circles, academicinterest has transfered to the study of private remedies. A few scholars take it for a sign ofrevival of private remedies, it is a mistake that confuse law and law theory which divorcedfrom reality. Actually, private remedies is living law going with development of humanbeing society. The combined action of private remedies and public remedies accelerateddispute resolution.This article mainly divides into three chapters. The first chapter discusses thetheories of private remedies, it makes us understand and grasp the main nature of privateremedies which is the premise and basis of further research. The first segment of chapterone gives a definition to “private remedies” as: the party rely on their own or others orsome social organizations to resolve disputes without the intervention of public authoritieswhen his or her or its just rights have been infringed. The first segment proofs thejustification of private remedies by three angle: human nature theory, social contracttheory, cultural view. The third segment studies and analysis on power sources and limitedof private remedies. The second chapter, which employing comparative method, makeprivate remedies more clear, it is beneficial to correctly evaluate it. The thirdsegment analysis advantages and disadvantages of private remedies and give somesuggestions in standardized by the view of legislation and justice. It is good for playpositive functions of private remedies. It is favorable to construct pluralistic DisputeResolution Mechanism which consist of public remedies, private remedies and socialremedies. This pluralistic Dispute Resolution Mechanism provide Various channels toresolve contradiction and safeguard social order.