Study On Private Remedy Theory

As an effective means of remedies, a private remedy plays an important role in modern society. The theoretical basis of a private remedy originates from differentiating between rights and powers. Remedies have become a combination of private rights and public powers. Therefore, remedies have been sharing between the state and individuals. As to the relationship between rights and remedies, the discrepancy, whether is "rights before remedies" or "remedies before rights", exists in civil law. The result of this discrepancy is that a single, closed remedy system and multidimensional, open Anglo-American remedy system coexist.After the appearance of a country, private remedies have been in the shadow of the fact that a country monopolizes remedies. However, the monopoly of remedies by a country more depends on the free choice of rights subjects than on the attitudes of a country. There are a lot of factors affecting options of subjects, among which social factors are critical. In social life, the direct foundation on which private remedies exist is the fact that people avoid law.In social controlling systems, existence of private remedies depends on all kinds of factors. Private remedies are closely related to human nature, social order, country and culture. Therefore, misunderstanding people have about private remedies will be made clear after analyzing the constituent factors of private remedies.In a remedy system, private remedies and public remedies have different advantages and disadvantages respectively which depend on each other and compensate for each other. In Chinese society, private remedies and Chinese traditional culture can be traced back to the same root and have deep legitimate foundations. In the building of contemporary Chinese as a law-rule country, it is possible and necessary that public remedies and private remedies coexist. Therefore, in a social controlling system, it is important in reality to build an ideal model which allows private remedies and public remedies to rule together.