司法实践中法律规则冲突时该如何处理

How to Deal with the Conflict of Legal Rules in Judicial Practice

法律价值的冲突是法律规则冲突的根本原因。根据德国著名法学家阿列克西(Robert Alexy)的法律论证理论,如果法官在处理个案时,发现有2个以上的法律规则可以适用,而且会导致不同甚至完全相反的判决结论,这时法官要试图找到这些冲突的规则背后作为其价值支撑的法律原则,然后结合具体案件的具体情况,权衡比较这些原则在该案件中的份量,以其中一个原则作为判决的方向指引,然后选择适用以该原则作为价值支撑的法律规则作为判决的依据。

The conflict of legal value is the root cause of the conflict of law rules. According to contemporary intemational law philosophy circles prestigious German famous jurisprudential scholar Robert Alexy, when the judge is in the process of dealing with the case, if he found that there are more than 2 legal rules can be applied and they may lead to different or even completely opposite conclusion, at this time, the judge should try to find the legal principles behind these rules as their value, be combined with the specific circumstances of the specific cases, weigh the weight of these principles in the case, find one principle which is used as the direction of judgment, and choose the rule associated with the principle of heavy weight as a basis for judgment.