论私力救济

私力救济是一种历史悠久、运用广泛的纠纷解决方式,其作用不可忽视.法律成长过程中伴随着国家对私力救济的控制或利用,特别是随着公权力的不断强化,国家不能容忍私人行动,认为私力救济的膨胀会导致国家公权力的削弱.不可否认,从私力救济向公力救济的演进体现了人类文明的进步,但这种演进不应是简单的取而代之,法治原则不排除其他纠纷解决方式的存在.

Analysis on Self-help

Self-help is an old-line as well as widely used means to solve disputes and its function can not be neglected.A nation's control or exploitation of self-help accompanies the whole developing process of its law especially when civic rights keeps enhancing,the nation no longer can tolerant private activities,reckoning that the inflation of self-help will lead to the weakening of the nation's public rights.Undoubtedly,the evolution from self-help to public rights help embodies the progress of human beings,however,this kind of evolution should not be taken as a simply replacement.In fact,the law principle does not expel the existence of other means of solving disputes.