The Suitability And Explanations For Conflict Legal Regulations Under The Civil Law

With the development of Chinese economy, the number of legal norms is increasing, so the phenomenon of legal norms conflict is also sharper and sharper, how to resolve legal norms conflict and improve harmony of law government is a problem which law experts are always discussing. The thesis makes civil law as perspective, starting from introducing cases, elaborating the general theory of conflict legal norms, further analyzing suitable methods of conflict legal norms specifically, and discussing the existing problem, raising the author's point of view. The whole thesis is divided into there parts.The first part analyzes briefly to the legal norms conflict from there aspects:I. Stating the connotation of legal norms conflict. As to the concept of legal norms conflict firstly show in International Private Law, the thesis introduces private law scholars'definition of Germany and American and England to law conflict, raising that the essence of law is law phenomenon that more than two competitions adjustment is inconsistent with law norms of a law relationship and generate contradiction. Therefore, the so-called legal norms conflict is law phenomenon that law norms'behavior mode or legal consequences is inconsistent when more than two law norms adjust the same social relationship, we can understand the connotations from four aspects.II. Discussing the problem of the classification of laws norms conflict. Firstly, the thesis introduces scholars'classification to conflict laws norms according to different standard. Scholars classify according to the force of law, the manifestations of conflict, the direction of legal norms, the form of legal norms, and the extension of legal norms conflict. The writer classifies conflict law norms mainly according to the ranks of legal norms. It is classified into two kinds; one is conflict between upper law and the lower one, mainly including conflict between the civil law and the constitution, conflict between laws and regulations and the civil law, conflict between the regulations and the civil law. The other is the conflict of same rank method, mainly including conflict between civil law or the conflict between civil law and other law of the same rank as well as conflict between different provisions in a civil law.III. Discussing the causes of conflict. Firstly, because of the value conflict arises from the conflict of laws and regulations conflict. Secondly, raise the legal norms of conflict because of the benefits conflict. Thirdly, cause social conflict because of social changes. Finally, raise legal norms conflict because of immature of legislative technology.The second part states the suitable rule of law norms from there aspects:I. Introducing foreign conflict legal norms applicable rules and comprising them. In this chapter, through introducing and concluding as well as comprising the applicable laws and regulations conflict rules of Italy, France, Germany, the United States of the applicable laws and regulations conflict rules, we can know that foreign conflict law norms'suitable rules mainly have three kinds, that is upper rank law is superior to lower rank law, special law is superior to general law and latter law is superior to former law.II. Discussing applicable rules of China's conflict legal norms. According to the provisions of Chinese Constitution and Legislation Law, Chinese conflict law's suitable rules mainly are: upper rank law is superior to lower rank law, special law is superior to general law, and new law is superior to old law. Besides, China has also provided ruling mechanism of legal norms conflict as supplement to applicable rules of conflict legal norms.III. Discussing the views of myself to applicable rules of conflict legal norms. After comprising and summing up to applicable rules of legal norms conflict of domestic and abroad, I concluded present suitable rules of conflict legal norms and how to determinate suitability of conflict law standard through suitable rules. This three suitable rules are: first, the rule of upper rank law is superior to lower rank law, according to this rule, at first, the constitution has the highest legal efficiency, the civil law is invalid when it in conflict with the civil law. Secondly, the rule of latter law superior to former law, one must pay attention to when use this rule, this rule is suitable for the same rank law, regulating the same law norms. Third, the rule of special law is superior to general law. Fourth, the rule of law benefits measure, the so-called law benefits measure also called benefit measure; it is a law method to decide to give priority to the protection of what legal interests after measuring to the mutual conflicting legal interests (value or interest). In this part, I also state measuring law benefits in what perspective and the rules of law benefits measurement.The third part discussed explanation method of conflict legal norms from four aspects.I. Exposing to the connotation of law norms interpretation. After exposing definition of legal interpretation, the thesis raised the meaning of law norms conflict.II. Exposing to the interpretation method of conflict law norms. This chapter introduces scholars classify interpretation method according to different standard. They identified interpretation method of conflict legal norms through classifying comparison to different interpretation method, that is meaning explanation of the law, the system explanation of the law, the purpose of explanation of the law, and introduce them briefly.III. Studied conflict legal norms interpretation method. Through analyzing exposing method of four kinds of conflict law norms and statement of relations between rule and explanation method, identifying how to explain conflict law norms, I raised point of view of myself. First of all, we must follow the rules of grammar and general meaning rules and the rules of professional terminology when use language interpretation method to conflict law norms. Secondly, when use method of system interpretation; we should apply in accordance with the rules of interpretation of the constitution, according to the rules of interpretation of legal principles and in accordance with the rules of context. Furthermore, when using historical interpretation method, we must reference historical background of formulating of laws regulating that is the social structure, economic and technological relations, the political system, the international situation when making a law norms. We should explain according to law norms'formulating process﹑mending or developing process. Fourth, use the method of aim explanation mainly exposing how to identify aim.IV. Analyzing and studying to the rules of interpretation of conflict legal regulation. Through the analyzing of scholars explanation rules as to law norms of abroad﹑Taiwan and mainland, I think that the application of explanation method of conflict law norms must follow some law, there is a certain order that is in order to explain the rules, the rule is that we should use meaning explanation method primarily to any explanation of conflict law norms. When meaning explanation method has more than one explanation, we should use system explanation method, when the two methods mentioned above can not resolve problem, we use method of purpose interpretation and historical interpretation.