私力救济的法治困境及其解决

Dilemma Based on Private Remedy in the Rule of Law and Its Solution

私力救济作为与公力救济相对应的救济方式,在具有内在合理性的同时,也内涵局限。中国当下,在公力救济的领域内,出现越来越多的私力救济,形成法治的实现困境:漠视法治、反对公权和对抗公权。由此,会造成社会离心、导致后续违法,形成违法示范,进而固化仇恨。其基本原因在于公权私用后的救济弱化。必须让民众监督和控制权力,实现人民化司法,才能有效修正被弱化的公权,从而提高公力救济的实现程度。作为保障,严厉打击私力救济运用也是必要的补位手段。

View the private relief as the perspective,this paper explores the causes of the dilemma of the rule of law and its solutions. As the corresponding remedies,private relief and public relief have their intrinsic rationality at the same time,and also the connotation limits. In today’s China,in the relief field of public force,private relief appears more and more,resulting in the dillmma of the rule of law. Its basic reason lies in the public right of relief after the weakening of private relief. We must form the public supervision and control of power,to realize the people’s judgement. It can effectively modify the weakening of the public force,so as to improve the realization degree of relief by public force. As a safeguard,crack down on private remedy use is also necessary to fill the relief methods.