The Problem Of The Right Conflict And Its Solution

Legal construction has gone through thirty years in China. Theoretically，we havealready solved the problem of “if the right should be enjoyed” and we have partly solvedthe problem of “what right should be enjoyed”. In real life, we have already enjoyed andexercised many rights. we must face a series of problems, especially the problems of theright conflict. It is traditionally thought that law gives people all kinds of rights at the sametime it gives people the corresponding responsibility. Although we try our best to do thenecessary obligation, we are still influenced by their interference and influence when weexercise the respective right. It even makes people feel confused and ask “are thereconflicts between rights?” With this question in mind, I will analyze the socialphenomenon of the right conflict, study the nature of the problem and then try to solve theproblem in this thesis.The body of the thesis can be divided into four parts except the introduction part andconclusion part.In the first part, I will mainly summarize the basic theory of the right conflict. I willintroduce the right conflict on three aspects—its definition, its cause and its category. I willcompare and conclude the researchers’ theory in china and abroad, then I will try toanalyze the essential connotation.In the second part, I will mainly conclude and analyze the way of the right conflict. Iwill introduce Coase Theorem and evaluate it. And then I will do some theoretical researchon the choice of dealing with right conflict, which is also called the right status.In the third part, there are some thoughts about the current situation and characteristicsof the right conflict in China. Combined with present situation of China, I will try toanalyze the performance and the main characteristics of the right conflict in China. I willtry to find the difference between our society and western society. Then I will try to findout the theory basis of the suitable way of dealing with the right conflict.In the fourth part, I will put up with several ideas on how to solve the right conflict inChina. I will propose some suggestions on legislation, judiciary and administrative.What’more, I will also raise ideas from nongovernmental organization mediation to solvethe right conflict in China, which is a new perspective now.