Reason Analysis On Conflict Of Rights And Its Resolution

Conflict of rights has become a new hot topic in the law circle, which is also a difficult problem within judicatory. Many jurists took part in this controversy. So far, it is still going on. The study of the conflict of rights enriches our right theories and deeps the cognition of the right problem, develops good law order and establish the legal state. This text studies from three aspects:The first part analyzes the basic concept of rights'conflicts and the kinds of rights'conflicts.That part is divided into two sections. The first section analyzes firstly the concept of conflict of rights. There are many opinions about the concept. Secondly, it analyzes whether conflict of rights exists. The opposition holds the opinion that conflict of rights is a false proposition. As long as people find the boundary of rights, the so-called conflict of rights can never take place. While .the approval think that conflicts of rights are widespread exiting phenomena in social living and legal existence from the angles of the substantial evidence and inevitable conflicts among basic freedoms. The author approves the later and insists that conflicts of rights are inevitable and realistic existence.The second section discusses the kinds of rights'conflicts. This section chooses a few main types of rights'conflicts. According to the type of conflicting rights, the conflicts can be classified into the conflicts of legal rights, conflicts of moral rights, and conflicts between legal rights and moral rights. The first type is conflicts of legal rights. The writer thinks that, in regard to most courts, the major cases they need resolve are not conflicts of rights, but generally legal disputes. Only a few difficult cases involve conflict of rights. The second type is conflicts of moral rights. The research on those is very important. The third is conflicts between moral rights and legal rights. Generally, when conflicts happen between them, no matter how powerful the moral rights are, the moral rights still have to make place for the legal rights in the circumstances of legal rights holding the direct compulsory forces and exigent demand. According to the results that every kind of rights'conflicts may appear after moral reasoning, legal reasoning and practical reasoning, the conflicts of rights can be classified into superficial conflict of rights, false conflict of rights and realistic conflict of rights. The textual second part is analyses on the reasons of conflicts of rights.