权利冲突的解决——由一则案例引发的对公权力与私权利冲突的思考

权利必然以利益为前提,当法律规定的权利边界具有模糊性的情形下,为了减少和消除公权力与私权利的社会利益冲突,在进行利益的权衡和价值的选择时,应努力使法律所确认的个人权利的内容和社会整体利益的需要相一致。

Solution on Rights Conflicts——Thoughts on Conflicts between The Public and Personal Rights from A Case Study

To protect one's rights must be predicated on the interests.Under the circumstances that the rights by laws are always confused during the implementing,for the sake of reducing and eliminating the interests conflicts between public and personal rights,people should consider that the personal rights content be in accordance with the demands of the whole social interests,when it comes to talking about the choice on interests and value.