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代写英国essay范文(法律学专业)(3)

时间:2018-09-03 17:40来源:www.ukthesis.org 作者:英国论文网 点击联系客服: 客服:Damien

 
The so-called private relief means that when the parties consider that their rights and interests have been infringed, they do not go through the legal organs and procedures without the neutral intervention of a third party in the dispute settlement process, but rely on their own and private power to achieve the dispute settlement, including coercion and negotiation. Legal negotiation is an act of private relief, which is the relief method chosen by the parties themselves. As a private remedy, it is the best way to settle disputes through legal negotiation. Private relief is precisely because it is cheaper, more convenient, faster and more effective for the parties to protect their rights, so they choose private relief instead of public relief. The remedies through legal negotiation can more reasonably assess the possible results if litigation is used to resolve disputes. In this way, on the basis of equality, both parties of the dispute trust each other, understand each other, measure the interests of both sides, and reach the most reasonable legal solution to the dispute.
 
Legal negotiation is based on facts and takes law as the criterion. The negotiation of law belongs to the action of the parties to punish their own private interests, which belongs to the autonomy of will. Both parties to the negotiation adopt the civilized and rational way of confrontation, and independently choose the dispute settlement mode through voluntary negotiation and consultation, which is the manifestation of the parties' autonomy of will. Through the communication between both parties, through careful negotiation and communication, both parties agree to maximize their interests and achieve win-win results. In the process of negotiation, both parties' will is free, the way of communication and negotiation is free, and the way of delivery and execution is also free. Therefore, the autonomy of will is an indispensable theoretical basis and primary condition for legal negotiation. In the process of legal negotiation, we should respect the personal right choice of the parties and their expression of intention.
 
A negotiated agreement is a contract. Since both parties choose disputes through voluntary negotiation and consultation, the negotiation agreement reached through legal negotiation is actually a contract signed by both parties. Of course, the agreement signed by both parties should conform to the provisions of law. General civil and minor criminal cases can be negotiated through legal negotiations to sign the negotiation agreement. When the negotiation agreement is signed, both parties should follow the principle of equality and voluntariness. At present, our country is in the period of social transition, all sorts of contradictions is relatively concentrated, the emergency obvious increase in social production, life, legal behavior is a kind of settlement negotiations, but the law talks is not ordinary reconciliation act, but a serious talks by use of legal knowledge after settlement behavior, is a measure of interest, of course, both parties through final settlement. For resolving disputes through legal negotiation, we should strongly advocate such kind of negotiation through legal negotiation to reach a negotiation agreement to resolve disputes.(责任编辑:quanlei_cai)


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