On The Judicial Settlement Mechanism Of The Conflict Of Rights

The process of legalization of socialism in China has awakened people's awareness of rights,but with the consequent numerous conflicts of rights.Once the conflict of rights arises,it is bound to result in the loss of interests of one party,which is not conducive to the protection of rights.Moreover,the study of conflicts of rights is also a further study of the theory of rights.In view of this,how to deal with the challenges in the new environment proactively and how to construct and improve the mechanism for resolving conflicts of rights has become the most urgent problem to be solved in the development of rights.The author believes that only by discussing and analyzing the main types of the existing rights conflicts and the mechanism for resolving conflicts of rights can we come up with opinions that are more appropriate to the current national conditions and more in line with the contemporary judicial system so that we can make every effort to establish a perfect mechanism for resolving conflicts of rights A modest effort.After analyzing and classifying the concept of conflict of rights briefly,this paper systematically and comprehensively analyzes the ubiquitous phenomenon of conflict of rights,using literature analysis,comparative research and data collection,and then puts forward the corresponding view that the limited resources The increasingly tense relationship between sexual and unlimited expansion of rights is the fundamental reason for the conflict of rights.And this fundamental reason is mainly reflected in three aspects:First,scientific and technological progress has promoted the awakening of rights awareness and triggered a new type of conflict of rights;Second,the transformation of the traditional farming society to modern society exacerbated the degree of conflict of rights.It is for these reasons,on the basis of summarizing previous scholars,come to the basic principle of settling the conflict of rights through the judicial mechanism,and put forward my own judicial settlement mechanism on the conflict of rights.In the 2009 edition of Cihai,the term mechanism has two meanings:one refers to the structure,function and interrelationship of organisms;the other refers to the process and method of the interaction between the organization and parts of a work system.This article is just the second concept of using mechanism,that is,judging from the four parts of the judicial system as a whole,the judge's discretion,legal interpretation,choice of law and emphasis on the guiding case,to jointly construct the conflict of rights Judicial settlement mechanism.The innovations lie in the following:The previous scholars' research on the judicial settlement mechanism of power conflicts can be divided into three categories.Each of these three kinds of views has its own advantages and disadvantages.However,none of them have made any difference from their own views.Therefore,on the basis of analyzing the views of scholars,we put forward the original viewpoints on the mechanism of judicial solution to the conflict of rights through the integration,that is,there are four mechanisms for resolving the conflict of rights:the judge's discretion,legal interpretation,Choose and value guidance cases.