英文摘要 |
"Due to the sociality of human livings, the scarcity of resources, the diversity of values, the generality and imperfectness of the legal norms and so on, it is inevitable to have collisions among the individual fundamental rights. Such collision not only plays various and important roles in the three-tiers framework of infringement of liberties and freedoms scrutiny, but also is a combination of norms and facts; therefore, it could not be expected to resolve such collisions within a single-tier approach. Besides, the approaches themselves are imperfect. As a result, in order to resolve the collision, it is necessary to resort to the approaches of interpretation, such as the definition of the scope and hierarchy of fundamental rights, the application of the principle of practical concordance, the individualized consideration, the incorporation of proportionality, the pre-procedure of exercise the fundamental rights, and it is also necessary to pay attention to the legislation prescribing the resolution of such collision." |