| In recent years, an increasing number of disputes of "square dance" caused the widespread attention of people. It is difficult to compromise, eliminate conflicts, and stop disputes by making a dialogue between the "square dance" groups and households. At the same time, the measures which were taken by government have little effects. If things go on like this, people in two sides will begin to fight against each other and resort to violence. So we ought to find the causes of the disputes and find specific ways to solve them. In the legal analyses to the "square dance", right conflict is the part people take delight in talking about. The right conflict is the inevitable product of a certain stage of social and economic development, especially in China, which has a rapid economic development and changing social structure. On the one hand, rights conflict cannot do without the interaction between people, and interpersonal communication in today’s society has become more and more complex. The most direct consequence is that it will lead to more rights conflict. On the other hand, the harm of rights conflict is self-evident.. So we must find the method to crack the rights conflict. It not only can help to ease the disputes of "square dance" but also can provide a model to solve rights conflict for future. It can make society stabile and ordered.In many research methods, to find a breakthrough from a certain case is the effective way to find solution to the rights conflict. As a master of law and economics, Richard Posner’s economic analyses of legal phenomena reach the acme of perfection. It provides much material for thought. These theories and views can help us to find the operation principles which are hidden behind the cases. Although our country into the study of law and economics has been for decades, most of the domestic scholars studied the rights conflict by the traditional legal theory research methods and modes and mainly focused on the concept, nature, classification, reasons of rights conflict. Nowadays, it lacks studies from the aspect in law and economics and the aspect in law and sociology. Therefore, it is hoped that this paper can provide some new innovations and attempts of research methods and will give a hand to solve the rights conflict.It is no doubt that rights conflict is just a presentation. It is a daring attempt to discover the internal causes from the respect of humanity, but this "humanity" is defined from the aspect of law and economics. In law and economics theory, Man is a rational being. Briefly, that means seeking benefits and avoiding disadvantages. People live and work under rational driving. Meanwhile, rights-things which have not exist-are created. From scholars of law and economics, rights have characteristics such as high efficiency and low cost which are necessary in modern society. Rights, however, also have other characteristics like self-evidence, excludability and other-regarding. It is these three characteristics that lead to conflict among rights.As a kind of objective existence, rights conflict’s solution can use the ways supported by mature theories of department law. Specifically, the disputes of "square dance", in structure, are similar with adjacent relation and the two actually is a kind of containing and being contained relationship. In adjacent relation’s outline, rights conflict can be well solved. Due to "prisoners’ dilemma", problems involving public domain cannot be easy solved in adjacent relation’ outline. It is time for administration (public power) intervening.Administrative measures need to comply basic principles which aim to relief the embarrassing situation caused by "prisoners’ dilemma". So far, it seems to have little effects. Thus, new administrative measures should be found instead of legislation and essential work is the system innovation brought along by technology innovation. At the same time, the advantages of public opinion should be used so that it points the way by which can solve problem brought by "square dance". |
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