You would rightly disagree with me because clearly you have experienced them. How can this be a rules problem, if we are both using the same rules?
Because poor rules invite exploiters to exploit and the circumspect to try even harder to make them functional. Bad laws punish good men and empower bad men. Good laws support good men and undercut bad men. You can't
stop bad men with laws, which is probably a good thing on the whole. But you can certainly make life
harder for them with good laws.
To fix this, you cast a wide net for possible abuses. Like if you were writing laws/regs about firework safety. That
some people are always perspicacious and safe is a poor reason to have no firework safety laws, nor is it reason to say that firework saftey isn't a "rules" issue. If you'd prefer something non-legal, consider workplace safety regs. Instead, I hope you'd agree, that
some are perspicacious while some
aren't, shows we can still do better.
Overgeeked's example is good: improve clarity. Other improvements may apply. Giving examples, both of good and poor approaches. Offering constructive, open-ended instruction. Removing wasteful or unnecessary things that can distract or obfuscate. Emphasizing the need for communication, understanding, and respect. Etc.
Agree. Rules can only do so much, ultimately the amount of conflict is going to come down to the people you are playing with.
I disagree, at least, insofar as you are implying that the
only meaningful effect is the person involved. For exactly the same reason that there can be governments where corruption is rampant and almost impossible to ferret out, and governments where it's comparatively easy, there can be rules which are
better about cutting off this sort of thing at the pass. It's not impossible. We
can do better. "The person you're talking to will always be a big factor!" is a
poor reason to not try harder.