权利的冲突和保护

Conflict of rights and protection

在中国的法治进程中,权利冲突已经成为一个非常普遍的法律现象并广泛地存在于司法审判和日常生活中。作者通过对公交车“关门捉贼”事例的分析,提出了一些值得我们重视的法律问题:权利冲突的界定,权利冲突的本质,权利冲突的解决原则等。笔者认为:要解决权利冲突,必须抓住几个关键的原则:其一,一般而言,各种权利理应得到平等的保护;其二,特定情况下,社会利益要优先保护;即对权利的限制应适度。

In the process of developing of the rule of law in China, ihe conflict of rights has become a universal phenomenon existing in judicial trail and in people's daily life. Through the analyzing the case of the bus 'close the door and catch thief', the author raised some noteworthy question of legal theory, such as the definition, the essence and the principles for the resolution of the conflict of rights. The author held that, in order to ensure a satisfactory resolution of such conflict, the key principles should be catched: firstly, generally, all sorts of rights should be protected equally, and secondly, specially, we must protect prior social benefit. That is to say, the limitation of rights should be moderate.