What are the differences and advantages of private relief, social relief and public relief?

First, the advantages and disadvantages of private relief

1, private relief, also known as self-relief, is that civil subjects rely on their own strength to protect themselves when their civil rights are violated. Private relief in a broad sense includes self-reliance request, self-defense, emergency avoidance and independent behavior, while private relief in a narrow sense only refers to self-help behavior. Self-help belongs to the category of protection system in civil law theory.

2. From a negative point of view, private remedy is one of the defenses of tort liability. From a positive point of view, private remedy is an intuitive and antagonistic way of self-protection.

3. It can be seen that the private remedy in China's current law is relatively simple and imperfect, because the private remedy is often easy to lose control of the law and unpredictable, which easily leads to the instability of social order. Moreover, it is difficult to define the boundary between legality and illegality, which leads to the disunity of law application.

However, private relief is of great significance to the improvement of China's social system.

5. Legal norms are principled and abstract, and legal provisions cannot cover all aspects of social life. At the same time, the law lags behind, and it is impossible to fully foresee new situations and new problems in social life.

6. The role of law is often ex post facto and remedial, so it is not practical to prevent and stop current conflicts of interest in time. Therefore, the limitation of the law itself makes the self-help system play an important role in making up for it.

7. Outside the state's public relief, that is, outside the courts, self-help behavior is widespread, and most disputes are resolved through self-help.

8. Self-help is widely used by citizens in real life. Thirdly, resolving disputes privately through self-help is a historical tradition and living habit of China for thousands of years. "Good people don't go to court" and "winning a lawsuit can't win money" is the common psychology of the people. Therefore, it is generally recognized by the people that disputes among the people can be resolved through the efforts of the people, which is in line with social morality.

9、? It can be said that self-help behavior is the "customary law" of the people in a sense. Fourth, fairness and efficiency are the goals pursued by all countries in the world today.

10 However, today's world is an era of "litigation explosion". A large number of disputes poured into the court, which made the limited judicial resources unable to bear the heavy litigation burden and directly affected the realization of justice and efficiency. To this end, countries have carried out a series of judicial reforms, such as pre-trial mediation, extra-litigation mediation, administrative adjudication, arbitration, self-help and other systems. At present, the burden of court cases in China is not optimistic. Therefore, the self-help system is an effective way to save judicial resources and relieve judicial pressure.

Second, the advantages and disadvantages of public relief

1. When civil rights are infringed, if the due protection effect cannot be obtained through private relief, the obligee can seek public relief. The so-called public relief of civil rights means the state's protection of civil rights. When civil rights are infringed, the obligee brings a lawsuit to the court, and the court protects civil rights with the state's coercive power through litigation procedures.

2. Armed relief is backed by the state and aims at justice and efficiency, which is conducive to the strongest protection of civil rights.

3. The protection of civil rights is incorporated into laws and regulations through civil litigation, enforcement and administrative litigation.

4. However, because the public relief is implemented by the state's coercive power and legal guarantee, it is easy to cause judicial monopoly and judicial corruption. The public relief is only composed and guaranteed by various legal provisions, lacking public recognition and popularization, and it is easy to appear empty.

Third, the advantages and disadvantages of private relief and public relief are compared

1. Comparing the advantages and disadvantages of private relief and public relief, private relief is not as compulsory and unified as public relief, and tends to be wild. However, private relief can make up for the limitations of the law itself, save judicial resources and relieve judicial pressure, and private relief has deep public recognition.

2. Private relief is not as good as skill relief in law, but private relief is better than public relief in social recognition and practicality.

3. In the practice of social life and civil rights protection, they are closely related and complement each other. Private remedies without public constraints will inevitably be possessed, and public remedies without private support will inevitably appear empty.

4. Private remedy means that the parties do not resort to legal procedures to solve disputes by private power, but in this process, private individuals will resort to legal power intentionally or unintentionally. Secondly, public relief is a compulsory substitute for private power, but "power itself is not completely free from the ruling."

5. Public relief is not purely selfless, judicial operation is restricted or interfered by various factors, judicial independence is limited, and even the judicial process itself does not exclude the role of private individuals. In the modern judicial system, the blood of private power flows. 6?

6. The advantages of private relief can just make up for the shortcomings of public relief, and the advantages of public relief can also better promote the implementation of private relief. Therefore, private relief and public relief should be closely combined to make the protection of civil rights more perfect.

Extended data

1. "Private remedy" means that the subject of rights, within the scope permitted by law, relies on his own strength to remedy his infringed civil rights through self-defense or self-help.

Second, private relief is on the verge of public relief, which is the initial way of human social rights relief. In modern society, private relief still maintains its own territory, complements public relief and maintains social harmony and stability.

Third, social relief refers to a system in which the state and society provide material help and assistance to citizens in difficulty to ensure their minimum living standard. The state and society provide material assistance to the poor to ensure that every citizen enjoys the basic right to life.

Fourth, social assistance mainly includes natural disaster assistance, unemployment assistance, widowed and disabled assistance, and urban and rural poor households assistance. Social relief originated from secular and religious charities in the Middle Ages.

5. In the early days of the People's Republic of China, the people's government undertook a lot of social relief work, such as sending Kuomintang troops to wander around, accepting and reforming charitable organizations in the old society, sheltering and reforming smokers, vagrants and prostitutes, helping unemployed workers and the poor in cities, and resettling the elderly, disabled children and farmers sent out.

6. The underdeveloped areas have changed from simply maintaining the minimum living standard of the poor to focusing on helping the poor and solving the problem of food and clothing for the poor, and have begun to change from relief to welfare; In economically developed areas, the original social functions of social relief are gradually replaced by social insurance, such as establishing cooperative old-age insurance and cooperative medical insurance.

Seven, public remedy (public remedy), is the main means to protect civil rights, refers to when the rights of the obligee are infringed or have been infringed, the obligee exercises the right of appeal and requests the people's court to protect himself in accordance with civil litigation and execution procedures. Public relief can be divided into public relief and public relief.

Extended source: Baidu Encyclopedia-Public Relief

Baidu encyclopedia-social assistance

Baidu encyclopedia-private relief