Research On The Conflict Of Right

With the development of the society the upsurge of the right awareness and the varied social interests, it undoubtedly is people'pursue for the ideal of rule of law to strive for the rights. However, with the unceasing claims for the rights, the right conflict has become a common social phenomenon, which will not only be harmful for the realization and protection of rights, but also imply a set civil and legal order's undermining. It is followed that the healthy development of a harmounious society will be impeded by these unsteady factors. Therefore, the study on the relevent issues of the right conflict, especially the dissolving mechanism of the right conflict, will benefit for the realization of rising claims for the rights, the formation of a good civil order and the establishment of a country ruled by law.Appling the methods of legal philosophy, legal sociology , legal economy and case analysing , the essay made a deep and considerable illustration about the issue of right conflict.Part one: Based on the case of right conflict in people's daily life, I illustrate the value of the study on the issue of right conflict.Part two: The conception and classification of right conflict. First, by analysing different viewpoints about right conflict from scholars home and abroad, I make a conclusion that the right conflict means a conflicting and incompatible state.In my opinion, it is more referrable and valueable both in theory and practice to classify the right conflict according to the varied rights in the course of its realization. The realization of right means a gradual process from moral right to legal right and to real right.Accordingly, I classify the right conflict into three sorts .This part constitutes base and scope of the essay.Part three: Starting from the issue of the essence of right, I illustrate that the essence of right conflict lies in the conflict of interests and values,which makes the conception of right conflict abstracted and refined.Part four:From the view of the human nature, the restriction of external resources and the nature of right, I illustrate that the couses of right conflict lie in the diversified human nature, the limit of recourse and indistinction of right limit. "The diversified human nature"means that men are differentiated as individuals.with the human society advancing, the needs also become diversified. Human's division make the conflict...