| Conflicts of fundamental rights are a sub-type of conflict of rights. Conflicts of civil rights only occurs between private individuals, while conflicts of fundamental rights occur in the triple structure of "private individual-the state-private individual". In the solution of conflicts of fundamental rights, the third-party validity of fundamental rights should not be resorted to, and the state's performance of its obligations should be mainly relied on. The resolution of conflicts of fundamental rights requires a systematic approach, that is, for potential conflicts of fundamental rights, their actual occurrence should be avoided as much as possible through procedure design, while for the conflicts of fundamental rights which have already occurred, the best solution should be found through practical reconciliation to avoid the concession by any party on his own fundamental rights and realize to the greatest extent the fundamental rights of both parties. When there is no optimal solution, an acceptable solution should be determined through the application of the principle of right rank and the principle of proportionality, and then excessive prohibition review and insufficient prohibition review should be adopted to ensure that the solution is constitutional. |
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