Research On The Conflict Classification Of Law

Conflict of laws is a ubiquitous phenomenon in the legal field, it is not just existbetween international laws, and a country’s internal conflict of laws should not beoverlooked. In this sense, the phenomenon of conflict of laws is a philosophical questionof universal significance. In China, since the late1970s, especially after the reform andopening up, we build the socialist market economy, a large number of laws andregulations have been promulgated, the phenomenon of fight and conflict between lawshas become increase rapidly, which led to the intensification of social contradictions. Itgradually attracted the attention of Jurists. This article is proceeding from here. Integrateduse case analysis, logical deduction research, comparative analysis and other researchmethods to discuss this issue. The conflict of laws has been defined “Different legalnorms applies to the same facts of law, the legal norms Contents different, and legaleffects are not compatible.” Also do comparison with the legal loophole, and other similarconcepts. Clearly the object of study is the conflict between domestic laws andregulations. Meanwhile, perspective to solve practical problems, selected six kinds ofmeaningful classification to combing and analysis. Try to make a further interpretation ofthe meaning of conflict of laws by way of classification. On the basis of summary of theforegoing classification criteria, reconstruct the classification of conflict of laws. Toevaluate whether the conflicting legal norms are in the same angle to judge legal facts,classify legal conflict into same angle conflict of laws and different angle conflict of laws.Move forward a step, according to conflict of laws whether conform the legal order,divided same angle conflict of laws into prohibiting conflict by law and permittedconflicts by law. Different angel conflict of laws has been further divided into indirectlogical contradiction legal conflict and third party guidelines legal conflict, according tothe different causes of conflict. The advantage of this classification is that clarify thedifferent reasons between explicit and implicit conflict of laws, the reason of explicitconflict of laws is the conflicted legal norms are from the same perspective, the implicitconflict of laws is contrary. A clear distinction between explicit and implicit of conflict oflaws standards, coupled with different attitudes to these two different types of conflict of laws, lead us find out the targeted solutions. Specifically, for same angle conflict of laws,the reason is direct logic contradiction between legal norms, we should pay attention toprevention, to resolve through improve legislation; for different angle conflict of laws,because it does not have the characteristic in direct contradiction between legal norms,we should mainly to solve in the application of law. This article also explored what kindof thinking we should used to solve the conflict of laws, that is each cases thinking andsystemic thinking. In this paper, hoping that through the reconstruct classification canbring some new element to solve the issue of conflict of laws in theory.