私力救济及其价值探讨

私力救济之所以有旺盛的生命力,很大程度上源于其具有公力救济所无法完全替代的价值.通过对私力救济价值的描述以及我国当前的现实国情,可以发现,在实现法治的基础上发挥社会成员的自治性,在注重法律的公正性的同时兼顾效率原则,建立公力救济为主、私力救济为补充的多元救济机制,正是私力救济的价值所在.

Discussion on Private Remedy and Its Values

The reason why private remedy has been thriving is that public remedy,to a great extent,cannot serve as the satisfactory substitute for the value of private remedy.By describing the values of private remedy and current national situation,we find that the values of private remedy lies in the building of a diversified relief mechanism with public remedy serving as dominant part and private remedy the supplementary by encouraging the autonomy character of social members in the context of the rule of law and considering the coexistence of justice of law and the efficiency principle.