Research On Legal Norms Conflict

the phenomenon of legal norms conflictingwith each other in legal system is increasingly apparent and many typical cases were appeared in our life.In the field of civil,the phenomenon is prominent.If legal norms conflict can not be solved,it is likely to cause the public don’t believe the law and that extremely unfavorable for our country to build the rule of law,so to solve legal norms conflict is extremely urgent.This article in writing mainly use the typical case of real life and through typical case toanalyze the legal norms conflict.Mainly analyzed from four aspects, namely, to define the legal norms of conflict, causes, types, and choice to apply the right solution.The first part of this article introduces some different views of academic world that about legal norms conflict,On the basis of many perspectives redefine the legal norms conflict.The article is to conduct comprehensive analysis about legal norms conflict and to give the concept and characteristic of legal norms conflict by summarized list.The discriminant analysis between the similar concepts is on the basic of understanding concept and characteristics.The most prominent is the concept of conflict of legal norms and legal conflicts comparison.1believe that the conflict of laws’s lower concept is legal norms conflict.Although the nature of the two are the same, but are different on the epitaxial.The author believes that the definition of legal norms conflict means that two or different legal norms can be adjusted in the same social relations, the application of different legal norms will have different legal consequences, it is one of the"competing legal norms".The second part of this article analyze the causes of legal norms conflict.There are three main reasons:First, the impact of social change; Second, the diversification benefits; Third, the complexity of the legislative system.The most fundamental cause of conflict is the diversity of legal norms interests between them.The complexity of the legislative system of the reason has been divided into three small reasons,not described here.Once more, the analysis about type of legal norms conflict, there are two points of view:one is dominant conflict and another is hidden conflict. Overt conflict can be divided into two subcategories that are conflict between host and under law and the lateral legal norms.Lateral legal norms conflict including categories that are conflict between General law and Special law and conflict between the new law and old law. These two types of conflict are mainly through two typical cases to illustrate, one is Luzhou "mistresses" case and the other is seed Luoyang case. Analysis of the case at the same time and select the appropriate combination of the right to judge further found that judges choose to apply the right of the problems caused by the judgment of the reality of what the drawbacks are.The last major use of legal methods is to analyze and solve problems. Legal method generally includes several aspects:legal interpretation, benefits measure, the found of the law, the law continued making methods. This paper describes the benefits and legal interpretation methods to measure, but for the dominant and recessive two kinds of different types of conflicts have proposed different solutions. I think that different types of conflicts have different solutions, resolving conflicts not only overt conflict rules to be applied but aloes to be given the right to judicial review of certain judges, hidden conflicts are resolved to become an everyday program, and the use of legal interpretation methods to avoid conflict, but requires the use of guiding cases to resolve conflicts.