The Phenomenon Of Rights-conflicts And The Solution

In recent years, rights-conflicts have become a jurisprudence on the hot issues. The theory of traditional law which thinks we can draw a clear line between the rights is wrong. A person is placed to exercise his rights, other rights could be undermined or the other men can't exercise their rights normally. Since the right-conflict is inevitable, then the definition of the rights and how to resolve it, is a macrophage problem. For this reason, many scholars of different views give out their different opinions. On the solution to this phenomenon and the topic about how to work it out, this article gives its own opinion.This article is divided into six chapters.Chapter1: Through two pieces of typical rights lawsuits, the article draws out the right-conflict question. After further discussion, we know that many rights-judicature lawsuits are not simple right- infringement document. In fact, many people can claim he is right or he has the appropriate reason. Thus, according to the general right-infringement theory, it is very difficult to solve benefit-conflict. There are legal rights, moral rights, etc., and the result is that the conflict-right becomes more complicated. Through the analysis of the law, on the end of the chapters we conclude the basic characteristics of the right-conflict question.Chapter2: Through the three characteristics of the right, we analyze the causes of the right-conflict at the theoretical level. These attributes make the right-conflict be inevitable.Chapter3: This chapter listed numerous methods of how to classify the right conflicts. Naturally, from different academic side, the different researcher will make the different classifications.Chapter4: we quote the Western political and legal theory about the essence of right .Through the analysis, we find, in fact, the essence of right-conflict is the interests' conflict. The disparity of these interests leads to their conflicts. And the emergence of the law is to reduce, as much as possible, these conflicts of interest, thus we will act in ourselves' interest scope. In a certain sense, we can say the law is a tool of sharing interests.Chapter 5: This chapter cited several traditional theory which to solve these questions. They are the right-balance; rights-grades; Maximizing the effectiveness of the distribution of rights. Then we analysize the advantages and the shortcomings on them.Chapter 6: Through the several theoretical analysis, I think it is necessary to consider them together, which we use the right-grades theory as the main idea. To resolve the right-conflict, we should think that the existence of rights-grades is necessary and reasonable. "There is a purpose in our existence, we must make the distinguish between different objectives, and then, between different values or rights. "According to the value-type which behind the right, this article divides them into the free-right, the secure-right, the property-right, and the right outside them. According to their importance, we classify them, and then do the more meticulous classification. Among this, the right-grade is the main guiding principle, the benefit-balance and maximizing the benefit are the methods to help us solve them.