法律冲突的解决机制初探

A Preliminary Study on the Resolution Mechanism of Legal Conflicts

依法治国的推进,尤其是2010年"中国特色的社会主义法律体系"基本建成后,一味追求数量性立法导致立法质量低下,其中,法律冲突便是立法质量低下的突出表征。法律冲突的解决机制研究不仅对提高立法质量、推进精细化立法具有重大意义,而且对司法和行政同样意义重大,司法实践中的同案不同判现象,中存在的时间性、地域性冲突现象,与法律规范本身的冲突具有直接的关系。

With the advancement of the rule of law, the blind pursuit of quantitive legislation has led to low quality of legislation, especially after the socialist legal system with Chinese characteristics was basically set up in 2010. Legal conflicts are viewed as the prominent characteristic of low quality of legislation. Making studies on resolution mechanism on legal conflicts is of great significance to improving the quality of legislation, and to promoting refined legislation;likewise, it is of great significance of judiciary and administration. In judicial practice, there exist different sentence for the same case;in administrative enforcement activities, there exist temporal and regional conflicts, the existence of these phenomena is directly related to the conflict of legal norms itself.