Discusses The Right Conflict Essence And The Solution Mechanism Shallowly

Although the right conflict phenomenon exists generally in our daily life, but ourcountry to its research overseas that distant history, early really have not been few in thelaw circle to its research, extremely is also rare with it correlation paper and the work, alsois only then starts in recent years to its thorough research, is Soviet stands to the rightconflict research early scholar, its paper "<Fall Chrysanthemum Brings a lawsuit>Document, Qiu Mouse Medicine Document And Freedom of speech" studies the rightconflict to our country scholar to have the important influence, profits from by somescholars and the discussion, after that also has very many scholars to perform the system,the thorough research to the right conflictThe related right conflict question also commonfrom in each university student’s graduation thesis, looked like now that, the right conflictphenomenon has caused the theorists and the judicial world value.All has a process to anytheory question research, we need gradually thoroughly, the right conflict also is so.Looked from the recent years our country scholars about the right conflict researchsituation that, its attention mainly has the concept, the type, the essence, the reason and thesolution principle and the way which the right conflicts.Certainly, is not all scholars allthought the right conflict is the existence, also some scholars denied its existence,Professor Hao Tiechuan on once write the paper "Right Conflict Were a False Proposition"and "the right conflict: Does not become the question the question" to come interpretivemethod educational world some scholars to think the right conflict is a phenomenon whichdoes not exist, they thought the right conflict is not impossible to occur, and stood in theirsangle has carried on in the right had according to the proof to its viewpoint.Professor HaoTiechuan had own theory basis to launch the system explanation to its viewpoint, but thisarticle was elaborates from the right conflict existence angle.The article except partsoutside and so on introduction, table of contents, conclusion, reference, divides into themain text three parts.The first part is to right essence several theories and the domestic and foreign scholarscombing which knew to the right conflict implication, although right whether has theconflict, has the theory dispute, but this article holds the affirmation manner to the rightexistence conflict, this article is from the conflict existence angle elaboration.The rightconflict essence mainly has the qualifications to say, the position said, said freely, possiblysaid, the benefit said and so on, but the Mt. Hengshan professor’s right said right already isaccepted gradually by everybody and in the article the massive models and the study.The second part narrated two aspect contents, first is to the right essence introduction,the right is not absolutely subjective, also is not absolutely objective, it is the subjectiveand objective union, the right on objective has the benefit, has the value subjectively,moreover although cannot say the right is a benefit, but behind the right is certainly hidingthe benefit, therefore, the majority of scholars all thought the right conflict the essence isthe conflicts of interest and the value conflict.This article embarks from the right validity, has proven the right conflict essence by another angle of view, namely voluntaryconflict.Next, discussed the right conflict reason from three aspects, resources finiteness,the right boundary fuzziness and the legal limitation.The third part elaborates separately from the right conflict solution principle and thesolution mechanism, the right conflict solution principle has the duty to limit the principle,the right position step principle and the value or the benefit weight principle.We whenestablishment solution principle first should be the definite principle must conform to themajority person’s evaluation criteria, and manifests the society to be just; Next is each kindof principle as far as possible causes the social efficiency maximization, the resourcesoptimization use; Finally is after is suitable the question which some principle appears tohave to carry on the prompt adjustment.The right conflict solution mechanism mainly hasthe legislation, judicial and the subject of object consultation.