Right Conflict Research

Along with social economy development, the right conflict phenomenon sometimes occurs. From .To party, right conflict always mean that the other party's right were encroached on or were influenced, do not benefit the protection and realization of his right .To society, right conflict means one set civil order, legal order was destroy, Produce the unstable factor, does not benefit the healthy and harmonious development steadily of the society. Therefore studies the right conflict question thoroughly, Specially discovers solves this question way, Not only is advantageous in safe guarding the rights of citizens, Moreover is also advantageous to the government by law society's establishment.This text studies the question of the right conflict from six Respects.Part I: Introduction. Mainly introduced several typical right conflict cases.Part II: Right conflict implication, On the one hand has analyzed the scholar to the right conflict concept different understanding, And elaborated this article to the right conflict limits; On the other hand has analyzed the right conflict type, It separately carried on the division from five different angles to the right conflict.Part III: The essence of Right conflict .Is first knows obtaining from the right essence, in this foundation separately from material stratification and energetic stratification limits right conflict essence, pointed out the right conflict the essence in the material stratification plane is the conflicts of interest, in the energetic stratification plane is the value conflict.Part IV: The right conflict produces reason. Why can have the right conflict? To this question this article from two angle analyses: One is right own reason, Right reciprocity. Right exclusiveness. Right boundary fuzziness. Right polytropism, these are the intrinsic reason which the right conflict produces; two is the legal framework reason, between legal standard conflict, Legal uncertainty, Legal hysteresis quality, these are the external causes which the right conflict produces.Part V: Right conflict question key to the situation. How solves the right conflict problem is this article key point. This article solution mentality, First is establishes the right conflict the solution principle, Because this may play commands the role, Behind becomes the concrete solution measure instruction standard, The solution principle includes: Right position step principle, Right position step principle, Tolerant principle. Then from the legislation, the judicial two aspects to solve has carried on the concrete elaboration, this is in under the solution principle instruction, Unifies specific measures which the Chinese law present situation summarizes. In legislation aspect: Through legislation process democracy, Right limit science, The examination mechanism consummation solves; Through strengthens the court mediation in the judicial aspect the function, Judge decides after deliberation the power to exercise, The enhancement judicial interpretation function solves.Part VI: Conclusion. This part of main emphasis solution right conflict the significance which has to the harmonious society's establishment.