On The Legal Rights And Its Solution To The Conflict

With the development of Chinese law, the conflict of rights has turned to be a more and more popular phenomena, which is participated during each of the progress of legal practice. Nowadays the theory of conflict of rights received more and more attention, which is further study and progress of the theory of rights. As we know, the conflict of legal rights, served as the object involved in the paper, is based on the sense of various types of rights, and it is the one including the greatest legal significance and demonstrational value of law of various phenomena of conflict of rights.The conflict of legal rights is defined as a legal phenomenon that the rights regulated and restricted by law couldn't come into reality among the different side. Here, the legal rights is pointing to not only the rights prescribed definitely by law but also the rights concluded from the basic rights prescribed definitely by law despite no clear prescription.In this paper we define the concept of the conflict of legal rights, and further analysis the reasons resulting in production of the conflict of legal rights. The conflict of rights is dominated by not only the law but also the demands of human variety and the limitation of natural resource, therefore, the production of the conflict of legal rights is due to not only the legal reasons but also the ones not associated with the law. By the analysis of the legal reasons, we state the legal approaches to solve the conflict of legal rights and distinguish the approaches into two parts which respectively lies in legislation and justice, the two practices with the greatest legal practical significance. Meanwhile by analysis of the reasons that are not associated with the law, we also stress the approaches not associated with the law, which including the education of rights, the trade of rights, the addition of natural resources and so on.