Research On The Private Relief On The Perspective Of Criminal Law

Private relief as the Primordial human rights, has been accompanied by the development of human history, most can reflect human nature. In today, especially the people, there are still many contradictions rely on private remedy to solve. On the one hand, private relief more suitable to resolve disputes and restore the previous social relations; the other is public remedy inadequate or untimely. Since private relief has a natural advantage in the settlement of disputes, it attracted the attention of many scholars, but most research is private relief from civil law, criminal law and rarely in private relief researchers, more only from Correct behavior in Criminal Law to find its traces. In fact, in criminal law, there are also private relief, though not as extensive as in civil law, but there are also worth exploring place, private relief to be the subject of rights and provide guidance based on the law.The full text of a total of four parts, about 35,000 words, the main contents are as follows:The first part of the "private relief Overview", from the relationship between the concept of private relief, features, and functions as well as public relief to private relief discussed from the overall meaning. Content is not just a private relief department of law contained in the various sectors of law can be found in its content, which comes from private relief is the most basic rights of citizens, in all aspects of the law from the private rights of citizens will be confirm and maintenance. He stressed that private relief itself will have to explore public relief, private relief and public relief have distinct characteristics, there are also public relief do not have the capabilities, particularly the settlement of disputes timely, efficient and consistent with the principles of economics, people of all ages.The second part of the "Criminal Law of the legitimacy of private relief resolution" is proof in criminal law from private relief theoretical "monism" and "pluralism" and on the basis of legitimacy. First, criminal law private relief is not possible to be able to fully analyze a theory rational point, needs to be a fundamental theory based, other theories for the assistance, a comprehensive analysis of the criminal law so as to private relief legitimacy. In this paper, based on said measure of legal interest theory, the purpose of speaking and social correspondence theory supplemented certificate, so better reasoning. Second, the criminal law has a private remedy value basis, in line with the concept of social justice, people simple concept of justice in the external appearance is more conducive to the realization of justice results, maintain social justice. Finally, the criminal law has a basis in reality private relief, whether ancient or contemporary, there are provisions in the criminal law, as is required to solve the reality, it is necessary criminal law provisions on private remedy specific provisions.The third part of the "constituent elements of criminal law in the private relief" discusses what actions are in line with the Criminal Law private relief from the constituent elements. Although the existing criminal law in self-defense and emergency, also have their own constituent elements, but private relief as a generic concept, different from self-defense and emergency constituent elements, but also draws on criminal law does not provide for self-help other ultra-private relief legislation characteristic behavior, especially the main relief is limited to the rights of individuals are violated, different from other constituent elements of relief. For the specific provisions of the constituent elements of criminal law in private relief may be made for citizens to private relief provided guidance for the judiciary to be found some of the self-help provide a legal basis in the crime or, between this crime and other crime make the right qualitative and sentencing.Part IV, "Chinese Criminal Law System Construction of private relief" is to build China's criminal law system, the criminal law of private relief system more robust, including self-defense, emergency, self-help and other acts of private relief actions. Construction of the system is to address the needs of today's realities, in order to maintain a more comprehensive private rights of citizens, it is necessary criminal law provisions in the private relief. Finally, this section also judicial practice related cases were analyzed from the criminal law of private relief angle, indicating the necessity of private relief. If there is no institutional guidelines for the formation of private relief, many legitimacy of Rights will develop into a criminal act, which is the improper private relief. Based on this, the criminal law is bound to private relief after part of criminal law focused research.