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On The Conflict Of Rights

Posted on:2007-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:H C DingFull Text:PDF
GTID:2206360182997848Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The problem on conflict of rights has been a focus in our academic circles recently. Both in the theory of law and in the practice, people pay more attention to the problem how the conflict of rights has been solved comparatively properly. But the logical premise of the right conflict solution should be first showed to explain what is the conflict ,the causes of conflict and the essence of the right conflict, Next put forward to the principle and path which dissolve right conflict, and executes these principles and the way in practices.There are three main sections in this paper:The main content of the first section is to set forth the definition of the right and the right conflict. Takes the right as morals right and the legal right which have the essential attribute, the conflict is limited in the condition which cannot be coexisted. Then sums up three kinds of types of right conflict as the moral right conflicts, the legal right conflicts, as well as between the moral right and the legal right conflict.The main content of second section is to demonstrate the right conflict essence. As one kind of resources, the right inevitably had the inborn scarce attribute; Simultaneously the right has the relativity; The legal limitation and the right consciousness strengthens influenced the right conflict, thoroughly excavates the right conflict in this foundation in...
Keywords/Search Tags:rights conflict of rights, conflict of interests, value measurement
PDF Full Text Request
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