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权利冲突问题是法理学研究的一个重要问题,本文界定了权利冲突的范围,初步讨论了权利边界模糊性是导致权利冲突产生的重要原因。权利冲突使人们的行为与结果之间的合理的预期不能实现,使社会处于混乱状态,破坏法律体系的和谐一致,甚至导致法治的崩溃。因此,必须通过各种途径尽量解决权利冲突,文中指出了两种解决途径,即立法途径和司法途径。无论哪种途径必然涉及到利益选择和衡量问题,文中对此作了概要阐述。
The conflict of rights is an important issue in the study of jurisprudence. This article defines the scope of the conflict of rights and preliminarily discusses the ambiguity of rights boundary, which is the important reason leading to the conflict of rights. Conflict of rights can not make reasonable expectation between people’s behavior and result, make the society in chaos, undermine the harmony of the legal system and even lead to the collapse of the rule of law. Therefore, the conflict of rights must be solved as much as possible through various channels. The article points out two ways to solve this problem, that is, the legislative approach and the judicial one. No matter which way must be involved in the choice of interests and measurement issues, the article made a brief description of this.