Conflict Of Rights And Its Resolution

The theory of absolute rights derived from the doctrine of natural law denies the existence of conflicts of rights,but the theory of absolute rights does not apply to the field of positive law.Therefore,the phenomenon of rights conflict should be examined from the perspective of the theory of rights restriction,so that the conclusions reached are consistent with reality.Because some rights boundaries have relative ambiguity,their boundaries are crossed,and rights conflicts are easy to occur in the process of realizing their own rights.However,the resolution of conflicts of rights cannot simply adopt the method of clarifying the boundaries of rights,because to some extent,the ambiguity of the boundaries of rights is inevitable.Therefore,feasible solutions should not be based on the reasons for conflicts of rights,but should appeal to the essence of deeper rights.However,the substantive issue of rights is inconclusive,and it is even more difficult to determine the only correct answer.Therefore,the theory of heuristic standards must be introduced.According to this standard,the essence of rights is the interests,the essence of rights conflicts is the conflict of interests,and the solution is the measurement of interests.However,the measurement of interest is very subjective,so it is necessary to introduce the principle of proportionality,thus compressing the judge's "discretionary" space,making the measurement of interest a relative rather than an absolute-reliable method.In addition,non-holistic rights levels and Coase theorems also play a role in resolving rights conflicts.However,the defects of the right level and the Coase Theorem itself make it possible to apply both in a very limited range.Therefore,neither the measure of interest nor the Coase Theorem can completely resolve the conflict of rights.The phenomenon of different judgments in the same case may still occur.Therefore,the study of rights conflicts does not end.Future research is likely to follow two paths:legal methodology and sociology of law.