The Research On "The Resolution Of Conflict Between Citizens' Basic Right And Citizens' Basic Obligation"

At present,a lot of research on basic rights and basic obligations has been done.But most people are concerned about the connection and difference between them.Few people discuss the conflict between them,for example,the conflict between the obligation of taxation and the property right,the conflict between the compulsory military service and the freedom of religious belief.For seeking the cause of the conflict and the rule of conflict resolution,this text is divided into four parts:The first part-the conflict between citizens' basic rights and basic obligations.Through analysis of the citizens' basic rights,basic obligations and related concepts,it comes a conclusion of that the conflict between the basic right and basic obligation is the conflict between the basic right and legal obligations,and the content of the conflict is the same.And then,through the analysis of the relationship between citizens' basic rights and basic obligations,it comes a conclusion of that the causes of conflict between them is citizens' basic obligations is a special restriction on basic rights.The second part-the conflict between the compulsory military service and the freedom of religious belief.Taking this example is to find a way to solve the conflict between citizens' basic rights and basic obligations.Through analysis the approaches of Germany,United States and our Taiwan Region,we can find that different countries and different regions have their specific Constitution Value.And in the process of solving conflict,the principle of benefit measure has been applied.The third part-the nature of the conflict between the basic rights and basic obligations.In these conflicts,their nature is the same.It is the problem of measuring the value between personal interest and public interest.The purpose of basic rights correspond to personal interest.The purpose of obligations of citizens correspond to public interest.Because the nature is the same,so the way to solve the conflict between the compulsory military service and the freedom of religious belief can be used to solve the conflict between the basic rights and basic obligations.The fourth part-the solution of the contradiction between basic rights and basic obligations.Through analysis the cause and the nature of the conflict,and introducing the wayto solve the conflict between the compulsory military service and the freedom of religious belief,it can conclude the way to solve the conflict between the basic rights and basic obligations.The way must fit the principle of interest measure,due process principle and so on.