On The Right To Conflict Of Social Transformation

At present, Chinese society is a society in transition. In society in transition, with the rapid economic and social development, people’s values, rights perspective will be some changes in society as a whole must not occur in the past, social problems and contradictions, some of the new rights and conflict phenomenon also will behave more and more obvious, in this case, we must face up to these rights conflict phenomenon in an objective and reasonable attitude towards them. From the perspective of the social transformation of thinking about the phenomenon of conflict of rights, improve the rights of the conflict theory, the goal of building a socialist country ruled by law, have a very important practical significance.Investigated the social transformation of the conflict of rights phenomenon, we must first clearly define the current Chinese society in transition, to fully understand the conflict of rights as a society in transition is a kind of conflict. Chinese society in transition is an unprecedented period in Chinese history, this period of people’s lives, the socio-economic development impact is enormous, since the1990s, China has established to build a socialist market economy system, China economic and social development has entered a stage of rapid development, from this time onwards, the Chinese society has entered a new social development of the social transformation of the meaning of this time have been fully reflected. This article defines the social transition from this time. Subject of great controversy due to the complexity of the concept of rights, the right to conflict theory, you can come to different conclusions from different angles to observe the phenomenon of conflict of rights, the development of the theory of conflict of rights in our legal research is still in an early beginning stage, we need to step-by-step to perfect.In real life, individuals or organizations as subjects of rights, at any time may be in a right state of conflict. This conflict of rights can be expressed in an interlocking situation, the existing form of a rights point of view, the social transformation of conflict of rights is a conflict between moral and legal rights, will also appear in the different subjects of rights the rights of a legal right to conflict phenomenon. In society in transition, the phenomenon of conflict of rights are universal but at the same time with great particularity, the particularity is mainly determined by the characteristics of Chinese society in transition. In Chinese society in transition, the changes in society as a whole is comprehensive, from economic development to social progress, from personal life to the social structure, from urban to rural, all changes of China’s social development trajectory an acceleration effect, due to these changes the manifestations of the phenomenon of conflict of rights covers all aspects of people’s social life, for example, involve the people’s vital interests of the house, education, employment, medical problems.Produce the phenomenon of conflict of rights in society in transition, a variety of reasons, but generally rights itself both inside and outside of these two perspectives to consider. First the nature of the right itself has the right to conflict is not, as that Mr. Su Li, rights conflicts can not be equated with mutual rights, rights of reciprocity only produce one aspect of the phenomenon of conflict of rights, the law does not uncertainty leads to blurring the lines on the Rights of the occurrence of the phenomenon of conflict of rights is also an important reason. Conflict phenomenon in the social transformation of the right, and more from factors outside of the right itself to examine these factors in the social transformation of long-term existence determines social rights conflict transition period phenomenon will inevitably be a long, difficult to eliminate phenomenon. In the social transformation of such a special historical period, due to shortage of resources, rights and diversification, the vigorous development of the awareness of individual rights and existing laws and the reality gap phenomenon, the occurrence of conflict of rights in terms of breadth or depth with the social stage is very different.A social right to exist the phenomenon of conflict is inevitable in the social transformation of Chinese society, the rights of the phenomenon of conflict is inevitable. We can not be avoided but should not panic, it should adopt a correct attitude towards the phenomenon of these rights conflict, the solution to the conflict of rights of the social transition process, we first have to follow certain principles, but also the appropriate way to resolve. Social transformation of the right to conflict resolution, we must insist on the maintenance of the status of the fundamental law of the Constitution, can not go against the basic constitutional provisions, to take into account individual legitimate rights and interests and public interests, so that the organic unity of the two, from the way of legislation to improve laws and regulations according to the law, the rights to solve the conflict, so that the law must be from the perspective of justice. Only in this way, the social transformation of the conflict of rights in order to get a better understanding of our thinking on the social transformation of the rights of the phenomenon of conflict is more meaningful.Thinking on the phenomena of society in transition, conflict of rights, of both rights and the needs of the development of conflict theory, but also social development requirements of the legal theory learners. Through its research, while we can deepen the understanding of the rights and conflict theory, on the other hand also allows the theory to better serve the social development, and promote healthy and sustainable development of society. Phenomenon of social transformation of conflict of rights is inevitable, a society the right to conflict is a normal social phenomenon, we can not ignore the existence of the phenomenon of conflict of rights, but they can not feel despair, helpless, we believe that the Chinese community in the After such a society in transition, we seriously deal with the rights of the phenomenon of conflict, our society will become more and more beautiful.