Three levels of legal value conflict;
(1) There is a legally recognized value conflict between individuals: the exercise of individual freedom may lead to the loss of others' interests.
(2)*** Value conflict between the same entity: possible conflict between international human rights and human rights in a country.
(3) Value conflict between individuals and the same person. Such as the conflict between individual freedom and social order.
Conflict resolution method:
(1) value sorting principle
When different levels of values conflict, the former is superior to the latter, that is, there is a primary and secondary relationship between different values. Specifically: freedom >; Justice >; Order. Natural law school, justice priority analysis school, order priority
(2) the principle of case balance
When the legal value of the same rank conflicts, we must comprehensively consider the specific situation, needs and interests of the subject, so that the settlement of the case can properly take into account the interests of both parties. Such as the principle of fair liability in civil law. Simply put: give consideration to the interests of all parties.
(3) the principle of proportionality
The principle of proportionality includes three secondary principles:
(1) Suitability principle: Measures to restrict human rights must be able to achieve the expected purpose, also known as "Suitability principle". (the means are suitable for the purpose)
(2) The principle of necessity: Among various means suitable for achieving the goal, the means that least infringes on people's rights should be chosen, also known as the principle of least infringement.
(3) Principle of narrow sense of proportion: There must be a reasonable and appropriate relationship between the degree of infringement of human rights and the purpose achieved. This principle mainly focuses on the balance between "restricted legal interests" and "protected legal interests" in order to achieve harmony between interests, also known as the principle of rationality.