论文部分内容阅读
私力救济和公力救济都是权利冲突的解决方式。非诉方式是权利冲突解决方式之一。权利冲突的公力解决方法则通常会从立法方式和司法审判方式入手解决。针对公力救济和私力救济的优势,我国实践中探索出司法调解这种纠纷解决方式。但是,只有能真正实现对人权和个人自由保障的解决方式才是最佳方式。这既响应世界范围内各国对人权的尊重,体现宪法对人权保障的要求;也体现现代法律的精神内核。
Private remedies and public remedies are solutions to conflicts of rights. Non-litigation is one of the ways to resolve conflicts of rights. The common solution to the conflict of rights is to start with the legislative approach and the judicial trial. In the light of the advantages of public relief and private relief, our country has explored ways to resolve such disputes through judicial mediation. However, only solutions that truly guarantee the protection of human rights and personal liberties are the best. This not only responds to the respect for human rights of all countries in the world, but also reflects the constitutional requirements for guaranteeing human rights. It also reflects the spiritual essence of modern law.