法律规范冲突解决规则间的冲突及解决

The solution to the conflict between the rules and principles of legal norms

法律规范的冲突解决规则及原则间存在一定的冲突。"上位法优于下位法"规则与"特别法优于一般法"规则之间的冲突,通过优先适用后种规则解决。"特别法优于一般法"规则与"新法优于旧法"规则间的冲突,该种冲突解决的原则是:尊重新的一般法、废弃裁决制度、新的一般法优于旧的特别法。"新法优于旧法规则"与"法不溯及既往"原则之间的冲突,该种冲突的解决方式是:行为时法优于裁决时法。

There are some conflicts between the rules and principles of legal norms＇ conflict resolution. The rule that special law is superior to general one should receive preferred application when it has conflicts with the rule that higher level law is superior to lower one . When it comes to conflicts between the rules that special law is superi- or to general one and later law is superior to prior one, the principles of conflict resolution are the following ： respect- ing the later general law, abandoning judgment system, later general law is superior to prior special one. The con- flicts between the rule that later law is superior to prior one and the principle of law of non - retroactivity are ad- dressed through giving priority to the law as the behavior is happening rather than the law as the judgment is happen- ing.