权利冲突成因论

On Origin of Rights Conflict

在中国的法治建设进程中,权利冲突已成为一种非常普遍和突出的法律现象,并广泛存在于司法审判、行政执法和日常生活中。权利冲突是权利主体在行使权利的过程中与相对一方的权利相互矛盾或抵触的法律现象,权利冲突的成因在于社会个体利益的不合理膨胀,权利自身的模糊和不平衡的特性以及法律体系的不完善。

Rights conflict, which lies in judicial trial, administrative law enforcement and daily life, has been becoming a common and outstanding phenomenon of constructing a government by law. The rights conflict, as a legal phenomenon, is caused when the rights of both sides are contradictory or in conflict when they excise their fights, the origin of conflict is due to the irrational inflation of individual interests, fuzziness and imbalance of rights and the imperfection of legal system.