Research On The Legislative Effect Of Conflict Of Industry : The Civil Aviation Industry As An Example

As the continuous development of various sectors in the market economy of China, the legalized requirements for the development of industry continue to strengthen. The emergence of the industry legislation not only meet the needs of the industry development, but also indicates that China has made new breakthroughs in legislation. But as the new form of legislation, the status, role and attribute of the industry legislation in our legislative system is not clear. Due to the defectiveness of fundamental theory of industry legislation, conflicts among it and other laws, rules, regulations and industry standards is more serious. This paper starts from the concept of industry legislation, justification and the definition of effectiveness of industry legislation and conflict, integrating the approach combining analysis and empirical research, summary and conclusion. It is trying to view from improving the legislative system, maintaining industry development and deepening administrative reform, with the particularity of industry legislation in China, analyzing the phenomenon and the reason of effectiveness and conflict of industry legislation, and putting forward own views of solving this problem. Through analysis and research, it is considered that China's industry legislation is based on the principle of state intervention, ignoring the role of industry self-regulation. Existing industry legislation lives by administrative law. The traditional regulation play a important part in management, while industry self-regulation shows poor, or even pure sense of the industry self-regulation legislation is still very weak. Industry legislative system that adapts to the development of existing system has not yet formed. This current situation is bound to restrict the healthy development of our industry, plus complete and independent legislative system caused confusion and conflict between the industry legislation and national law, administrative. Industry self-regulation organizations in China have been excluded from the industry legislative bodies for a long time, which have not played the role of industry legislation. In addition, lack of effective supervisory mechanisms, there is much arbitrariness in the process of making the legislation.Characteristics of the industry legislation led to the diversification of manifestation of effective conflict. There are prevalent conflict among industry legislation, national laws, legislation of industry self organization and administrative law. Moreover, hierarchical conflicts and the implicit conflict in the legislation industry are obvious. As to the reason, on the one hand it is caused by the particularity of the industry, and on the other it is resulted from the transformation of political and economic systems of our society.In general, emergence of the industry legislation is on the basis of the fully developed Industry self-regulation. Development and maturity of Western industry legislation closely related to the full development of its industry legislation. That is, the full development of industry self-regulation comes first, then the enactment and the development of industry legislation. However, China differs from Western society, industry self-regulation organization in our country is the product of reform of the economic system and devolution of powers and decentralization of government on its own initiative. Appearance of industry legislation is not based on the fully developed industry self-regulation but the socialization of government power and the process of gradual separation of government and society. This will inevitably lead to slow development of industry self-regulation and industry legislation in China. Also the scope of self-regulation delegated legislation in industry legislation is not clear. So a series of problems caused by the social transformation is the main reason for the effective conflict of industry legislation. In addition, theory of our industry legislation is not perfect, legislation technique needs to be improved, and system-level monitoring system has not been established. All of these factors also contributed to effective conflict of the industry legislation, which cannot be ignored. This paper takes the legislative status of the China's civil aviation industry for instance, doing the theoretical analysis of the phenomenon the reasons of effective conflict of industry legislation. And it is summed up the reason of effective conflict of industry legislation combined with the concrete practice of China. A certain constructive solutions is proposed on this basis. It is believed that for solving the problem of effective conflict of industry legislation of China, we should establish a sound system, establish a sense of autonomy and deepen institutional reforms Specifically, first, a sound related system of industry legislation is should be established. Such basic principles that industry legislation should comply with the law retained and the supervisory review is specifically formulated. Establish a approval record system of industry legislation. Make every efforts to support and nurture industry self-regulation organizations, improve the system of industry self-regulation organizations, making up a legislative system of external unity, internal multi-level industry. Second, establish. Industry legislation is the result of the development industry self-regulation. consciousness of industry self-regulation should be established in the whole society. Specifying industry legislation is an inherent requirement of the development of market economy. The development of Industry self-regulation is conducive to the achievement of institutional reform of industry management in China. Industry self-regulation is the reality-base of industry legislation. We should affirm the dominant position of industry self-regulation organizations in our industry legislation. It is not only the main body of industry legislation, but also the main body of the industry self-regulation.Finally, deepen the reform of political and economic structure to further accelerate the separation of government and enterprises. All the problems are caused by the reform and all the issues should be resolved in the reform. The effective conflict of industry legislation is resulted from the transformation of political and economic system. It should be solved by further deepening our legislative system and the reform of administrative system, speeding up transformation of government functions, promoting separation of government and enterprise, and promoting reform of government institutions.