法谚云,救济先于权利。私权如欲得到充分保障,必都伴随救济。这表明,任何私权的实现都可包含两个过程:其一,通过私法手段实现,即由私权主体采取私法行为直接向义务人主张;其二,通过公法手段实现,即由私权主体借助公法机关间接向义务人主张。并非所有私权的实现都必须经过这两个阶段,实际上大多数私权是通过私法主体的自治行为实现的,通过公法手段强制实现应当只是例外。权利救济的任务就是通过一定的程 Law saying cloud, relief before the right. If private rights are to be fully safeguarded, they must be accompanied by relief. This shows that the realization of any private right can include two processes: First, through the private law means that the private law by the private right to advocate directly to the obligor; Second, through the means of public law, that by the private right main With the assistance of public law organs to the obligor indirectly. Not all the realization of private rights must go through these two stages. In fact, most private rights are realized through the autonomy act of the private law subject, and enforcement through public law should only be an exception. The task of right relief is to pass a certain course