Research On The Mechanism For Resolving Rights Conflicts

Square dance noise case,human flesh search events,star privacy damage lawsuit hidden behind on some hot topics of the substantive issues are between the various subjects of rights conflict.More and more rights conflict phenomenon began to enter into the public eye,if not properly solve conflicts between each main body of rights,will affect the entire social stable order,also difficult to achieve real rule of law.Between moral rights,moral rights and also can produce conflict between legal rights,and the resulting rights conflict also has very important practical significance and theory significance.But introducing these conflicts entity law field,after entering the proceedings and is no longer meaningful,but transformed into the problem between legality and illegality.Truly meaningful is still a conflict between legal rights.After the conflict between legal rights,asked a judge to use all kinds of interest measurement into the procedure,the judicial reasoning and other judicial means of processing,to study law,legislative boundaries,legislative boundaries,etc.,can make substantial judgment and reasoning,in specific cases to determine which is more need to protect the legal rights of the.Because right itself with interaction,equality and right boundary ambiguity of their own characteristics,and the limited social resources,the right subject pluralism,the universality of individual rights consciousness,the innovation of science and technology,and other rights itself factors,integrated led to the phenomenon of right conflict more and more serious.Current theory circle to the right conflict solution principle can be divided into the basic principle and special principle,basic principles can be applied to resolve all conflicts of rights,divided into power balance principle and the principle of best interests,rights within the scope of the special principles applicable to resolve a particular conflict,divided into rights has principles and obligations limit principle,combined with the reading of vast amount of literature,the author puts forward an innovative principles: principle of conservation of interest,in addition to the basic principle and special principle,applicable to resolve specific rights conflict,the connotation of right conflict the whole process of interest is conserved,early if a right in a superior position,after the rights conflict occurs,should take precedence over after inferior status of rights.Hope I can contribution to the solution of the rights conflict little of their own power.Guided by the principle of right conflict solution,the balance of power restriction and configuration,to explore the path on the solution of the conflict of rights.Right conflict solution should be in line with "the beneficiary must own the rights to give up to the same respect for the rights of all others" and not to cause significant damage to the other,the principle of making people on both sides of the conflict of rights body are more accept degree,greater social benefit as a whole.Main settlement mechanism in legislation,judicial settlement mechanism,social settlement mechanism three aspects.Firstly in the legislative theory,the boundary of the specified rights to infringement,the right line is fine,the division of science,mainly for active power,border for our right to the use of high frequency division.Secondly,on the legislative system,can draw lessons from the civil law principle of priority system,emergency actions system benefits system,can be as a reference,stretch out the resolving mechanism of rights conflict.And under the circumstances of current legislation is not perfect,the judicial referee is particularly important.Judicial judgment in the process,first of all should take the judicial reasoning,determine the rights of the conflict are the real rights conflict,then,to build a set of solve the right conflicts formula system,will be modeled on the solution of the conflict of rights.This formula of main reference Alexis "conflict law and law of coase economics",the two part of the principle of the optimal decomposition to extract and integrate,achieve the effect of 1 + 1 > 2,and the formula of extracted for modeling application in judicial practice,really form a set of complete and mature settlement mechanism.But no matter how perfect the legislative regulation,judicial organs,how fair judgement,doesn't mean that rights conflict could disappear entirely,law is not everything.There's mastercard & but of eternal existence contradiction.Social settlement mechanism is mainly refers to the legislative and judicial,all can take the mechanism and means to solve the problem of rights conflict,mainly to increase the interest resources and establish cooperation mode as the research point,social settlement mechanism explored.Rights conflict is inevitable and normal social development in the process of the phenomenon,the function of law is to limit it in a reasonable scope,resolving conflicts of rights need to be solved,to achieve social harmony and stability.