权利冲突探析及对策

Analysis and countermeasures of the right conflicts

从权利冲突的界定入手,分析了权利冲突的产生原因,提出权利冲突的实质就是利益冲突,认为利益衡平理念是处理权利冲突纠纷的理论脉络。并以经济分析理念为视角,以利益衡平为主线,对解决权利冲突的立法和司法途径进行审视,以求解决权利冲突。

This text proceeds with definition of right conflicts, analyzes the production reason of fight conflicts, and proposes that the essence of right conflicts is interest conflicts. The article thinks the weigh-fiat idea of interests is the train of theory which handles the dispute of right conflicts. This text regards the idea of economic analysis as the visual angle, the weigh-fiat idea of interests as the thread, scrutinizes the legislation and judicial mutes solving the fight conflicts again and tries looking for mutes out of the law to solve right conflicts.