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Chapter 14 Conflict of Rights in Judicial Trials and Daily Life
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(Abstract)

One of the most important research methods of law sociology is case analysis and study. It is through specific cases that we manage to find out typicalor atypical phenomena in a given society and,after raising our understanding of these phenomena to the level of theoretical issues and propositions and interpreting,analyzing and studying them,arrive at methods and paths for their solution. In China today,when the rule of law is gaining amplitude and depth,thereare numerous profound contradictions and conflicts coming forth,conflicts of rights being one of the most prominent among them in the juridical sphere. Lookingat our practical social life and law experience,we shall see that conflicts of rights are present not just in processes of judicial trials,but also in administrative law enforcement,legislature and citizens’ daily life,so much so that they are becoming a more and more common juridical phenomenon in our social life.In this article,we shall,first of all,look into a problem so worthy of our close attention by analyzing a few typical cases of conflict of interests in judicial trials and daily life. After that,we shall put forward a few theoreticalproblems concerning conflicts of rights and then analyze and study them. Therefore,this article is composed of two major parts. The first part deals with and analyzes various typical cases of conflict of rights in judicial trials and dailylife. The second part is about a few theoretical problems related to conflictsof rights.

What I will focus on after analyzing typical cases of conflicts of rights are a few theoretical problems concerning such conflicts. Among these problemsthe most important ones are:limits of conflicts of rights,their essence,their causes,principles for their solution,their functions,etc. We shall expound ourmain viewpoints as follows:

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