法治化进程中私力救济的法理研究-法学理论专业论文.docx

Abstract It is all know that public remedies play an very important role in the field of social control. Judicial remedy and administrative remedy are the hot spot in the study of public remedies by legal person. But, recently, as Positivism rising in law circles, academic interest has transfered to the study of private remedies. A few scholars take it for a sign of revival of private remedies, it is a mistake that confuse law and law theory which divorced from reality. Actually, private remedies is living law going with development of human being society. The combined action of private remedies and public remedies accelerated dispute resolution. This article mainly divides into three chapters. The first chapter discusses the theories of private remedies, it makes us understand and grasp the main nature of private remedies which is the premise and basis of further research. The first segment of chapter one gives a definition to “private remedies” as: the party rely on their own or others or some social organizations to resolve disputes without the intervention of public authorities when his or her or its just rights have been infringed. The first segment proofs the justification of private remedies by three angle: human nature theory, social contract theory, cultural view. The third segment studies and analysis on power sources and limited of private remedies. The second chapter, which employing comparative method, make private remedies more clear, it is beneficial to correctly evaluate it. The third segment analysis advantages and disadvantages of private remedies and give some suggestions in standardized by the view of legislation and justice. It is good for play positive functions of private remedies. It is HYPERLINK /dict_result.aspx?searchword=%e6%9c%89%e5%88%a9%e7%9a%84amp;tjType=sentenceamp;styleamp;t=favorable favorable to construct pluralistic Dispute Resolution Mechanism which consist of public remedies, private remedies and social remedies. T