The Research On The Private Relief Of Civil Realm

In the early age of human’ society, in order to seek the settlement of disputes and the protection of self-interests, private relief is usually used as a non-institutionalized means of social control. With the emergence of the state, public relief gradually replace private relief, resources and ways to become a monopoly justice. Although the law has been used as the monopoly of the adjustment of social relations, but in fact, its own limitations decided it still does not replace the spontaneous formation of human society norms. Whereby the civil private relief in the era of the rule of law is still responsible for maintaining social order. Real life in the way that non-public private dispute resolution, the absence of public relief will inevitably lead to the proliferation of private relief, only the sound of the dispute settlement mechanism to achieve social stability, the upgrading of the level of civilization. Private relief exists in various fields, such as the criminal field, the field of administrative, civil fields, this article is to study the the private relief some of the problems in the field of civil, and put forward some of their own understanding.The contents of the topics to be divided into the following four parts. The first part of the concept of civil private relief interpretation, and focuses on the scope of application of the characteristic attributes of private relief and private relief. The second part is to explore whether the significance of the existence of private relief, respectively, from the theoretical basis, the basis of the economy, law value based on three angles were elaborate, laid a theoretical foundation for the building of our civil private relief system. The third part of the current situation, combined with the existence of my country private relief Exploration civil private force the relief problems encountered in the process, and then describes the obstacles to achieve in China. The fourth part will be based on the reality of China’s national conditions as well as our face private relief dilemma, while drawing on the the extraterritorial experience of the private relief, and then describes the gradual reform envisaged with a view to an early realization of the public and private combined solution dispute resolution mechanism is developed.