| When the economy is to improve the standard of living, small cars has become the transportation vehicle, also can hardly be avoided in order to regulate the traffic violations, traffic safety, the Ministry of public security order No. 102 nd "vehicle registration" in the specified in the application for payment of vehicle inspection marks, should be related to the vehicle, the road traffic safety violations and accidents finished processing. According to the Standing Committee of the National People’s Congress passed the "road traffic safety law" relevant provisions of article thirteenth, to meet the technical standards of safety of motor vehicles, should be issuing inspection marks. At the same time, the administrative laws and regulations there is conflict, the focus of controversy in the case, applicable laws, the law does not stipulate the specific contents of the case, the normative content regulations according to the actual situations of the effectiveness of how to judge, but also highlights the problems of the administrative law enforcement, police departments according to local laws and regulations to make not be issued vehicle inspection marks constitute administrative omission? The law and the conflict law is how to produce? How to solve the problem of the conflict of law and the law in the judicial practice of our country? These problems are administrative law problem in the process of application of administrative law enforcement, hinder, also reduced the degree of public trust legal authority.Because of China’s land area is vast and complex social situation, specified in the scope of authorized legislation on matters of administrative law and the diversification of the main body constitution and legislation is still vague, leading to the conflict of administrative laws and rules in our country is inevitable. This paper is mainly composed of two cases in judicial practice, leads to "conflict between legal norms under the law and law between the motor vehicle registration" and "road traffic safety law". These two kinds of standard conflict first performance in the conflict law and the law, in accordance with the provisions in principle should be applied to the force of law, law is the "road traffic safety law". However, on the premise of illegal logging in the vehicle, the traffic police department can not according to the "motor vehicle registration regulations" stipulates that the fortieth refused to issue the motor vehicle safety and technical inspection mark on this one problem, the law did not make specific and clear requirements. At the same time, the Ministry of Public Security issued a "motor vehicle registration regulations", its content is beyond the scope of the specific authorization method, what is the origin of the law and the judicial interpretation of law conflict, what opinion, how to settle the conflict between the law and the administrative law in legal norms, is worthy of discussion. The author believes that, in line with the legal effect of the majesty of the premise, in the motor vehicle violation records, the traffic police department can not be based on "motor vehicle registration regulations" stipulates that the fortieth refused to issue a motor vehicle safety and technical inspection qualified symbol, but should be based on the "Road Traffic Safety Law" article thirteenth in accordance with the law and in the premise of the acceptance of qualified motor vehicle technology, qualified symbol, it belongs to administrative omission. In the application of choice of law, "road traffic safety law" to the law, and the "vehicle registration" belongs to the departmental rules and regulations, the legal effect is prior to the departmental rules and regulations. But in real life, this kind of cases is not grounded, but for a reason. The author of the law and the law origin, as well as the legal order theory has carried on the detailed analysis and discussion, the settlement mechanism for law and law of conflict to put forward the feasible countermeasure. |
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