一般地方立法之不抵触原则

The new exploration to non-contravention principle of general local legislation

不抵触原则是我国地方立法的一项基本原则,也是地方权力机关制定地方性法规的前提。但不抵触原则涵义的分歧,常常导致实践中的立法越权与立法冲突,极大地影响了一般地方立法的开展和法律适用。结合法律保留、法律优位、国家立法精神和立法目的以及专门法律规定等多重审查标准,可对不抵触原则进行合理理解与科学界定。

The non - contravention principle is a fundamental principle of general local legislation in our country, as well as the premise of local authorities to formulate local laws and regulations. As the legislation did not make any explanation of the non- contravention principle＇s connotation, the theorists also have not reached a consensus, and connotation differ- ences often lead to ultra vires legislation and legislative conflicts , which greatly influence the practice and application of general local legislation. The way to solve this problem is that combined with multiple review standard such as legal re- serve, legal superior and the spirit of national legislation as well as specialized legal requirements, the non-contravention principle can be understood rationally and be defined scientifically.