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On Conflict And Balance Of Rrights Of Sports Dancing Dispute

Posted on:2016-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2296330461991830Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the associated great volume in the square dance often cause conflict between residents,In recent years, in the face of square dance noise interference, nearby residents often can’t find the right relief way to solve the problem, and taken aggressive, even illegal means. On the one hand,it damaged the interests of the right subject, and the protection and realization of the rights of citizens didn’t achieve, on the other hand,it olso destroy the community peace, law order and social stability. From the legal perspective, the deep reason of dispute of square dance, actually due to the legal rights conflicts between residents, therefore, only to analysis and explorate of the rights conflict of square dance disputes depthly can avoid the occurrence of such social contradictions, so as to ensure exercise of the rights of citizens, maintain social stability and harmony.As a unique phenomenon in our country at present, the square dance disputes conflicts intensified, the infringement means such as spill water, splash paint, spill shit even to fired shots and other illegal acts, however, for such social disputes, related legislation, law enforcement, dispute resolution mechanism is not sound, not perfect, cause our country fails to provide practical and effective solution. Delve into square dance disputes of rights conflict, as we know, its essence is a conflict of interest and obligations conflict, there is no spiritual value conflicts. The cause of right conflict, can from two aspects:normative and reality to analyze, start with normative reasons:legislative defects, on the one hand is the noise pollution is not very good law applicable to the square dance dispute this new situation, and conflict occurs between the relevant laws and regulations, on the other hand is because of the lag of the law, causes our country failed to make legal provision for the emergence of new contradictions, such as square dance disputes involved in the definition of right of citizen sports rights and quiet; Right boundary fuzzy, citizen sports rights and the right to silence is legitimate, due to the ambiguity between the two rights subject failed to grasp the rights of the "degree". Secondly, the realistic reason:because people in the basic requirements to meet when searching for a higher level of interest, everyone is trying to expand their rights boundary, the pursuit of self-interest maximization, leading to the right to cross between main body, produce conflict of rights; The root cause of the dispute of square dance also lies in the lack of public resources community sports facilities.Finding a solution to the problem when it occurs, this is the key step, therefore, the focus of this article is to find out the solution of the square dance right conflict e. First of all, a square dance dispute is actually a social class noise noise infringement problem, we can draw lessons from relevant legislative experience of the United States and Taiwan, Macao; Secondly, according to the previous analysis, establish the guiding role in solving the problem of prohibit abuse of rights, tolerance, interest measure, prevention of the four basic principles; Then, in the front, on the basis of the basic principles of the legislation, public governance norms, popularize knowledge of law and dispute resolution mechanism four aspects put forward concrete solving Suggestions.
Keywords/Search Tags:right conflict, right banlance, sports dancing dispute, noise pollution
PDF Full Text Request
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