Conflicts of Rights: Cases, Theories and Settlement Mechanisms

By Bi Xiaoqing

Liu Zuoxiang, Conflicts of Rights: Cases, Theories and Settlement Mechanisms, Beijing: Social Sciences Academic Press, 2014.

Taking “Chinese issues” as the starting point and relevant foreign theories, doctrines and practices as reference, this book firmly establishes the idea that legal issues are practical issues and the law science is a practical disciple of science. All legal issues, no matter how profound, including issues of jurisprudence and philosophy of law, come from legal practice and feed back into legal practice. As far as legal research is concerned, the best practical materials are cases, including legislative, judicial and law enforcement cases as well as a large number of issues of social practice that emerge in an endless stream. This book fully embodies the author’s belief that cases are representations of legal and social practices and the condensation of legal and social issues that are both universal and particular in nature. Based on the above idea, the author carries out bold experimentations on the methodology of legal research by basing all theoretical propositions on real cases and all the interpretation and analysis of theoretical propositions on the analysis of real cases. It is an attempt by the author at achieving a goal towards which he has made many years efforts, namely the transition of the objective and methodology of legal research. The author hopes that, through this effort and practice, he will be able to bring about a practice-oriented transition of the perspective and methodology of legal research in China, so as to ensure that researches on theoretical issues of law as well as on practical legal, political, and social issues are rooted in firm ground.