Conflict Of Rights Theory Speculative And Its Legal Regulation,

Abstract: In the process of China's rule of law, rights conflict is a very common legal phenomenon, and the research of rights conflict has also become a hot and focal point, this is a return of correct attitude for the issue of rights conflicts in the field of law in China. Because the realization of the rights not only needs to comply with corresponding obligation but also needs to be respected and helped by other people's rights. Rights conflict should be properly resolved by law in order to prevent the conflict from becoming normal in law; otherwise, it will fundamentally negate the logic premise of the rule of law, and influence the foundation of harmonious society. Therefore, the rights conflict is a major topic in law which provides with theoretical and practical meaning. The article will research the theory of rights conflict and the rights from three parts including the definition of rights conflict, causes system of rights conflict and the legal settlement mechanism of rights conflict. First of all, with regard to the trend of unlimited expansion of the formal scope about the definition of rights conflict by domestic law scholars, this article is to begin with the semantic analysis of "rights conflict" in order to expose the value raised by the concept of rights conflict , namely, the rights conflict of legal-related is the core of research in law; on this basis, the author analyzes the status and value about the three forms of rights conflict in the respective fields, accordingly, the forms of rights conflict are changed into three-tier meaning forming the "target-style structure" of rights conflict; and with the guidelines of "target-style structure", "rights conflict" will be regarded as the expression of "conflict between statutory rights" , and under this premise, the author will interpreter the basic theory about the concept of conflict of rights and the legal characteristics . Secondly, law is regarded as a social control system , in this perspective, the author sums up four causes factors of the conflict right, that is, material causes, concepts causes, the legal system causes and logic causes and describes the isosceles triangle system models which the legal system causes are to take for the "central node", and point out that legal system factor has irreplaceable important functions for the solution of rights conflict by micro and macro system inspection of interaction of various causes factors in this system models. Finally, the ideas about legal settlement mechanism of rights conflict are proposed: the equal protection of rights, the measure of benefit / value, the balance of rights and effective perform of rights are as the basic principles; the two legal means in legislation and judicature realize the rights conflict's prevention and the relative rights conflict's relief; and the process of settlement about rights conflict is...