The Legal Nature Of Civil Rights Conflict And Its Resolution

In our country, conflict of civil right has been an unnegligible problem in the practice of justice. From the adjacent relationship of estate to the conflict of the brand right and the firm right, the capital majority decision, the reservation of ownership, the conflict of the right to know and the privacy right, all of these, we still not found the key to resolve them. In my opinion, the reason is the limitation of the statute law. Then, we should use the new method of the economic analysis of law.Civil right conflict is the status contradiction of different civil entity in the certain civil relationship. The legality of right, the difference of entity, the identity of the object and the contradiction of right are the requirement of the civil right conflict. When it comes to the characteristic of the civil right conflict, we will say the right generalization, the right equality, the right dialectics, the neutrality of evaluation and the unity of the subject and the object. According to the adjustment of law, we can devide the civil right conflict into two kinds. What is the reason of the civil right conflict? In the angle of macroscopic, it is because of the ecomomic development, the nomocracy factor, the right consciousness; In the angle of microscopic, it is because of the illegibility of right and the reciprocity of right.Many scholars think the value conflict and the benefit conflict is the essence of the civil right conflict, but when we want to resolve the right conflict, the cognition of the limitation of statute law is more important than the other. We should use the new method of the economic analysis of law, such as the right equity and the right commensuration. Negotiation, mediation, arbitration, legislation and justice can all serve as the place of the resolve of civil right conflict. Meanwhile, we also should abide the equal negotiation, the benefit pluralism, the effect maxism and the prohibition of the right abuse principles, and we also should learn the experience of the Englo-America legal system.