On The “Compounding In Private” Phenomenon In China

Private is a general term used by both parties to resolve disputes by civil means.Perhaps,because the word "private" itself does not belong to the formal legal language,the academic research on private is still relatively small.However,as for the relatively formal private relief and the folk norms on which they are mainly based,the legitimacy of their application has been widely questioned in the theoretical circle and even some official law-making institutions,and has even been labeled with derogatory and negative symbols,which is regarded as undermining the formation of modern rule of law.At the same time,most countries represented by the civil law system hold the attitude of prohibition on private remedy including private remedy,which also denies the legitimacy and rationality of private remedy.It is true that in the modern country under the rule of law,the law of the country were citizens abide by and act in accordance with the law should be,after all countries need to rely on laws formulated and issued to governance.as a citizen to the state and society,choose to settle in the way of dispute resolution is to some extent,is to circumvent the law,the authority of law and the universal applicability.However,as for the academic scholars' doubts on the feasibility and legitimacy of privatization,this paper holds a negative attitude.From the perspective of law theory,the formulation of law should not ignore objective laws,but should take the realization of general will and justice as the function and purpose of law.Then,to be specific,if a dispute resolution mechanism does not violate the public order of the society,but at the same time has been recognized by both parties to the dispute to the satisfaction of the parties,and fully conforms to the function and purpose of the law,then why can't we accept such a diversified dispute resolution mechanism?In modern society,in the process of maintaining the balance between personal interests and public interests,in addition to playing the leading role of public relief,non-litigation dispute settlement mechanisms such as private dispute settlement alsoneed to be irreplaceable.However,in view of the fact that there is indeed an evasion attribute to national laws in nature,its legitimacy needs further proof.And the limits of its legitimacy also need to be further clarified.If you are private,you must also have legal regulations.At the same time,based on a large number of privates,there are indeed illegal phenomena,and the private norms on which privates are based are uneven.Being privatized in its ability to enforce dispute outcomes is relatively weak due to the lack of national violent organs,enforcement guarantees,which will inevitably lead to difficulties in enforcement and even new conflicts.These problems continue to incorporate some of them into the legal framework for regulation,so as to make up for the defects and play an active role.This essay first clarifies its related concepts,then analyzes the characteristics and types of privatization,and further uncovers the veil of privatization;and from thousands of years,tradable cultural tradition factors,party factors,legislation Factors and judicial factors analyze the reasons for its widespread existence.Then enter the key chapter of this article to demonstrate the legitimacy of privateness;Chapter IV demonstrates the basis of private legitimacy,clarifies the limits of private legitimacy,and gives private legal regulatory advice,aiming to better play the private positive role.