The Study Of The Conflict Of Rights In The Judicial Practice And Its Solution Method

Along with social economy development，The process of the rule of law alsodeepening ceaselessly in China，right consciousness of people increases ceaselessly，naturally，the conflict of rights has turned to be a more and more popular phenomena.rightconflict always mean that the other party’ s right were encroached on or were influenced, donot benefit the protection and realization of his right，Nowadays the theory of conflict ofrights received more and more attention,which is further study and progress of the theory ofrights，it can not only help us to find out the method and way to solution of right conflict,butalso help us to establish a good social order, protect the rights of the citizens, as the lawsociety and contribute to a harmonious society.In this paper we define the conflict of legal rights in Judicial practice.First of all，studybasic theoretical question of right conflict，(Including the right conflict background,characteristics, as well as the different between conflict of rights)Lead in the mainappearance of conflict of rights in judicial practice.Study of conflict of rights according to thedifferent types of rights.The judicial practice in the conflict of rights is divided to the samerights conflict between different kinds of power, the conflict between the two categories, andthe combination of judicial practice of the case to do segmentation research.The reasons of right conflict including the limitations of rights and uncertainty,theconflict between legal norms, Social resources scarcity and the maximization of the conflictbetween rights,a variety of moral value orientation and so on.The end，Focuses on the conflict of right’s dissolve principles and the way to resolve.Analysis of the main principles of theory，For example， rights order principle and the rightconfiguration to maximize efficiency. From the legislation, judicature and other aspects of thesettlement of conflict of rights，This is the point of this thesis, is also the focus of thisdissertation lies.