The Conflict Of Rights Study

The right to produce the concept of development of human society to a certain stage of the inevitable result, and different social subjects in the exercise of their rights when will inevitably conflict. In this sense, the phenomenon of conflict of rights can be said that human society in the process of continuous development and evolution of them is bound to occur in a social phenomenon and legal phenomena. Especially in the modern society, due to rapid economic growth and social structure of the rapid changes of interactions between people more and more and more complex, the resulting conflict, the right to behave more and more common phenomenon and prominent. Therefore, a very real problem is so placed in front of us: how rational and effective way to resolve such conflicts in order to achieve the orderly human society, stability and harmony? In judicial practice, in the face of the rights of specific cases of conflict, how is the right configuration to get good legal effect and social effect?In order to answer these questions, academia, the conflict of rights in this legal phenomenon from different angles were analyzed and studied. One of the most worth mentioning is the American economist Coase's research, through his analysis of real-life case reached the famous Coase Theorem, that transaction costs are always positive reality, the key is how to configure the right to how to make the access to greater social output, or to avoid further damage. The rights of domestic scholars of conflict studies have mostly been used in traditional legal theory, research methods and models, focusing on the concept of conflict of rights, nature, classification, cause and other issues, but the lack of economics and sociology of law from the legal point of view research, this article attempts to conduct such a research method in the efforts and attempts, that is the perspective of law and economics analysis of judicial practice in the real-world examples to explore the rights inherent in these conflicts. By studying the relevant literature, this decision mainly from the following three aspects of the conflict of rights in this legal phenomena.The first is the conflict of rights and related concepts of a definition of the concept of conflict of rights that is mainly made from a legal point of view is different from the general sense of social conflicts; right questioned the universality of the rights of the conflict, noting that the rights embodied through litigation conflict is not widespread; clear the object of this study is the judicial practice of the rights embodied in the conflict, rather than in real life the kind of hidden behind the potential conflict; another conflict of rights and rights of each of these two concepts were comparison, the emphasis is both a problem with two different statements to refute the idea that the rights of the rights of reciprocity is to produce one of the causes of conflict point of view.Followed by the analysis of rank of rights, pointing out that the rights of a person's rank is just imagination, in fact does not exist. Legal hierarchy does not necessarily lead to the objective existence of the right to have better or good or bad, in fact, it is difficult to sort the different rights and abstract value judgments, but can only analyze specific issues. Finally, the right configuration issues are discussed, which is the focus of this article. By analyzing the judicial practice in the real case, the right to compare the different configurations generated by the social benefits and to pay the social costs, analysis of how the right configuration to meet the economic sense of the principle of efficiency, that is, how the spoken Coase to avoid the greater harm or to obtain greater social output. In a village Xianglin Quan and Ding Mou conflict with the rights of the construction of the wall of the case, this paper analysis pointed out that the rights allocated to the villages that give priority to the protection Xianglin Quan access to greater social output (or to avoid a greater damage), this right is efficient deployment configuration; in the reproductive rights of citizens and state management of the case of conflict, this article the analysis leads to the conclusion, that is the right configuration to the state have access to greater social output (or to avoid further damage).