Public Relief And Private Relief Legal Differences Complement Each Other

Over the years, the concept of the primacy of law with widespread relief of the public to resolve disputes, the achievement of justice seems to be the only legitimate way. And private relief force has been seen as backward, uncivilized phenomenon and should be suppressed. Despite the private relief of all kinds of prejudices and limitations, but had never disappeared in the history. With the development of society, private relief rising again and playing an increasingly important role in the dispute settlement process. This article of jurisprudence from the perspective of public and private relief of the similarities and differences of relief for comparison, analysis, contact our country's actual conditions, in order to improve the rights of China's relief system.This article is divided into three parts:Chapter 1,generally instroduct the public and private relief and relief of an overview of the major relief to public and private relief of some of the basic theoretical issues should be straightened out and analysis, including rights of the general theory of relief, the historiy development of public and private relief of relief The general characteristics of the two below the legal differences and complementarity lay a theoretical basis.Chapter 2, instroduct the differences and complementarity of the two first account of the common legal basis, then justice, order, efficiency, and freedom of the four aspects of public and private relief of relief The jurisprudence differences between the value of a comparative analysis .Finally, it is about the two relief path from the perspective of the complementarity between them on issues.Chapter 3, on the basis of analysing the influencing of the choice of the right methodology relief on the basis of factors, in light of China's right to relief system status, in search to perfect relief right to a new way.