综合运输立法与多式联运立法的协调向度

The Coordination Dimension between Integrated Transport Law and Multimodal Transport Law

目前,我国综合运输立法与多式联运立法尚未有序展开,在完善国家治理体系和提升国家治理能力现代化的语境下,厘清二者的逻辑联系与明确二者在定位与内容层面的协调问题具有重要理论价值。综合运输法是综合运输法规体系中的基本法,多式联运法是综合运输法的重要组成部分,综合运输法与多式联运法的关系是普通法与特别法的关系,同为综合运输法规体系的重要组成部分。因此,对综合运输法与多式联运法的合理区分是我国综合运输立法过程中应加以考虑的问题。这种区分既要考虑综合运输与多式联运的关系,亦要考虑综合运输法与多式联运法在综合运输法规体系中的定位,由此确定综合运输法与多式联运法在综合运输法规体系中定位和内容上的协调向度。

At present,China's comprehensive transport legislation and multimodal transport legislation have not been carried out in an orderly manner,in the context of perfecting the national governance system and enhancing the modernization of the national governance capacity,it .is of great theoretical value to clarify the logical connection between the two and to clarify their coordination at the level of location and content.The integrated transport law is the basic law in the system of comprehensive transport laws and regulations,and the multimodal transport law is an important part of the integrated transport law,and the relationship between the integrated transport law and the multimodal transport law is the relationship between the common law and the special law.It is also an important part of the comprehensive transportation regulation system.Therefore,the reasonable distinction between the integrated transport law and the multimodal transport law should be taken into account in the legislative process of Chinese integrate transport law.This distinction should take into account not only the relationship between integrated transportation and multimodal transportation,but also the positioning of integrated transport law and multimodal transport law in the integrated transport legal regime, so as to determine the positioning 'and content connection between integrated transport law and multimodal transport law in the integrated transport legal regime.