Research On Conflict Of Rights

As China gradually entering the era of rule of law,it is not surprising to fight for personal right through legal means.The frequently thoughts on rights is the results of their ubiquity in daily life,causing the conflict of rights becomes more and more prominent.Conflict of rights not only leads to tension in the relationship,but also goes against the social stability.How to reduce the conflict of rights,which principle should be followed to solve this problem has become an urgent subject.This research can not only deepen people's understanding of rights,but also conduce to the construction of a legal state.This paper attempts to figure out a more appropriate solution to the conflict of rights under the current social conditions by value analysis method.Firstly,this paper reviews the relevant theories of the concept of rights,holds that the conflict of rights is a conflicting relationship or status,under which the rights with legal basis are hold back by that of others,so neither could fully realize what is considered to be its own legitimate interests.To further clarify the theoretical disputes on the existence of conflict of rights,it is clear that the conflict of rights does exist objectively.Secondly,according to the essence of right conflict — disagreement on interest and value,this work seeks various reasons for this confliction — uncertainty in the boundary of rights,inconsistency in values and tension in interests.Finally,this paper focuses on the possibly best solution of the conflict of rights,which is,the principle of interest balancing should be primarily considered after confirming the reason of confliction.Such a solution does not mean that conflict of rights will no longer exists,but finding a way to make rights relatively coexistence in the unavoidable tension.The purpose of this paper is to improve the principle of interest balancing in order to solve the conflict of rights in a more peaceful way.It not only guarantees the realization of maximizing interests,reduces the damage caused by conflict of rights,but also conforms to the requirements of social value.