The Judicial Solution Of The Conflict Of Legal Rights

Law in a sense can be defined as the science of the right, so the studies of the theory of rights has always played an important role in the theoretical study of jurisprudence. This is so precisely because modern society is a society of the rule of law, when people’s legitimate rights and interests have been infringed, taking up legal rights to resort to arms in the name of state power to protect their own interests has become the basic behavior. It seems that the rights have become the trump to resist all the damage to the interests of their own, but can the trump really protect their legal rights ? Imagine that if everyone in the name of rights assert his rights and interests, is it possible that there would be the "fight" situation between the rights ? Indeed, the existence of this situation is true, we have defined this phenomenon as a conflict of rights. If both parties assert their rights in accordance with the law but rather a conflict has emerged between them, and how to maintain the interests of both parties ? If not handled properly, then how the right to be treated, is it possible that the building of law that is based on the rights continues to be steady and solid as it was? Therefore,the right to conflict must be taken seriously enough.In addition to the introduction and conclusion, this paper is divided into four parts.The first part discusses the necessity and feasibility of solution of the conflict of legal rights from the judicial point. First point out the existence of diversity of the conflict of legal rights and limit the scope of this article in the conflict between legal rights, then explore the reason of the conflict of legal rights and obtain the existence of limits of the solution of conflict from the legislative approach by further analysis of that reason, then point out that the existence of discretion in the judicial phase give the solution of conflict between rights at this stage certain comparative advantages.The second part discusses the fundamental principles of the solution of conflict between rights from the judicial point of view. Because discretion is crucial in resolving the conflict in rights, but there is a risk of abuse, which therefore needs some restrictions. This article limits discretion by the principle of right rank, which also determines the fundamental status of the principle itself. This article proposes the standards of establishment of right rank on this basis.The third section discusses the supportive principles of the solution of conflict between rights from the judicial point of view. Since the unitary right rank proposed by this paper render the fundamental principles certain defects in resolving conflict betweeen rights, this paper has put forward three auxiliary principles on this basis, ie, the principle of benefit and value measure, the principle of the exercise of power and keeping modesty,the principle of protecting the vulnerable, making the fundamental principle and the supportive principle present progressive relationship, thus forming an interactive system of solution of conflict between legal rights.The fourth part is "Practice of principles: take the example of solution of the conflict in rights by nuisance in Square Dance." The feasibility of the fundamental principles and the supportive principles in this paper is demonstrated by the expansion of the specific methods of operation of the two principles and the process of applying this series of principles in the case of nuisance in Square Dance.