法定权利冲突之司法解决路径-法学专业论文.docxVIP

Abstract Law in a sense can be defined as the science of the right , so the studies of the theory of rights has always played an important role in the theoretical study of jurisprudence. This is so precisely because modern society is a society of the rule of law, when peoples legitimate rights and interests have been infringed, taking up legal rights to resort to arms in the name of state power to protect their own interests has become the basic behavior. It seems that the rights have become the trump to resist all the damage to the interests of their own, but can the trump really protect their legal rights ? Imagine that if everyone in the name of rights assert his rights and interests, is it possible that there would be the fight situation between the rights ? Indeed, the existence of this situation is true, we have defined this phenomenon as a conflict of rights. If both parties assert their rights in accordance with the law but rather a conflict has emerged between them, and how to maintain the interests of both parties ? If not handled properly, then how the right to be treated, is it possible that the building of law that is based on the rights continues to be steady and solid as it was? Therefore,the right to conflict must be taken seriously enough. In addition to the introduction and conclusion, this paper is divided into four parts. The first part discusses the necessity and feasibility of solution of the conflict of legal rights from the judicial point. First point out the existence of diversity of the conflict of legal rights and limit the scope of this article in the conflict between legal rights, then explore the reason of the conflict of legal rights and obtain the existence of limits of the solution of conflict from the legislative approach by further analysis of that reason, then point out that the existence of discretion in the judicial phase give the solution of conflict between rights at this stage certain comparative advantages. The second part