The Conflict Of Rights With A View Of Legal Economics

In our country, the traditional science of law thinks there is a distinct border between one right and another right. When one performs the right of his own correctly, he will not harm other rights. With the development of the society and with the upsurge of people's right consciousness, the phenomenon of rights' conflict takes place again and again. When one performs the right of his own correctly, he may harm other rights too; the two rights have the overlapping part at times, and it leads us not to find a distinct border between one right and another right. So, the rights' conflict has made us clear that the traditional theory and method are pale and weak. We must look for new theory and method to explain the problem.The essay applies the method and viewpoint of legal economics to analyze the conflict of rights, and the essay has six parts.Part â…  : Introduction. In this part, I explained the essay's purpose and meaning. Also, I present my method and thinking to write the essay.Part â…¡: Relevant categories about legal economics. These concepts are the base of my essay. These concepts including rational agent and limited resource, cost of transaction and maximum of effectiveness are analyzed.Part â…¢: Definition about rights' conflict. Staring with the actural existence of rights' conflict. I definite meaning of rights' conflict and analyze its essence. This part is the starting point of my article.Part â…£: The reason of rights' conflict. In this part, I will analyze the reasons of rights' conflict in the base of property itself and with the help of the method of legal ecomomics. I think there are the following three reasons to lead to rights' conflict: concerning of rights, rejecting of rights and vagueness of rights.Part â…¤: The principle of resolving the conflict of rights. Because legal economics is the base of this article. This part will put forward the principle of resolving the conflict of rights. It is the maximum of social effectiveness in the base of analyzing the rightcost and benefit. This part is the thinking foundation of resolving the problem.Part VI: The method of resolving the conflict of right. This part is the temporary lodging of this text and the center study too. There are three ways to resolving the conflict of rights. One is transaction of rights which is decided by themselves. One is distribution of rights which is by legislation. The last is balance of rights which is by justice.