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“基本权利竞合指某种公权力措施,是否侵害基本权利,有不同的基本权条款可作为衡量。”~①也有学者认为,基本权利竞合是指单一的基本权利主体向国家主张同时适用几种基本权利的情况。~②换言之,它是指在一个基本权利侵害案件中,同一个权利主体同时主张数个基本权利。基本权利竞合与基本权利冲突既有相同之处,也有不同之处。二者的相同之处一方面表现为它们都与基本权利作为客观价值相关联,另一方面都涉及基本权利限制理论。二者的不同之处在于双方的法学品质有所不同。基本权利冲突是当基本权利被视为客观价值之时,私人之间所发生的权利竞争现象。基本权利竞合并非是基于私人之间的恩
"~ ① Some scholars think that the basic rights of competing refers to a single basic rights of the main body to the state claim that the basic rights of competing means that a measure of public power, whether the infringement of basic rights, there are different basic terms as a measure. Several basic rights apply at the same time. In other words, it means that in the case of a violation of fundamental rights, the same subject of rights simultaneously claims several basic rights. There are similarities and differences between the competing basic rights and the fundamental rights conflicts. The similarities between the two are manifested in that both of them are related to the basic rights as objective values and on the other hand involve the basic rights restrictions theory. The difference between the two is that the legal quality of both parties is different. The conflict of fundamental rights is the phenomenon of competition of rights between private individuals when fundamental rights are regarded as objective values. Competing for fundamental rights is not based on the grace of individuals