An Analysis Of The Principle Of "Non-contradictory" In Article 72 Of The Legislative Law

China is a typical unitary state.The concept of centralization has been deeply ingrained.It is reflected in the legislation,and the central legislature often has no specific rules for local legislation.Although this kind of legislative model can play the role of “top-level design and layout of articles”,it also inevitably limits the enthusiasm and creativity of local legislation.In order to meet the needs of the development of local rule of law,the central legislature gradually decentralized the legislative power.This change is reflected in the provisions of Article 72 of the Legislative Law on “non-contradictory”.Article 72 of the "Legislation Law" stipulates: "The people’s congresses of the provinces,autonomous regions and municipalities directly under the Central Government and their standing committees may,according to the specific conditions and actual needs of their respective administrative regions,under the premise of conflicting constitutions and laws and administrative regulations,Sexual regulations." The provision of the "non-contradictory" principle of this article,although moderately relaxing the legislative power of the local legislature,has also caused a series of problems.Since the current "Legislation Law" defines the "contradictory" to be too general,the academic community has not formed a general definition of "contradictory".The local legislature lacks specific operational judgment standards in the process of legislative practice.Therefore,the local legislature may be cautious.Everything must have central legislation as the basis for copying the normative legal documents of the upper legislation and neighboring provinces and cities,lacking local characteristics;or turning a blind eye to the violation of the upper law,Daxing Local protectionism is contrary to the principle of unification of the rule of law.The above problems need to be solved urgently,and the “non-contradictory” certification standard as the key to problem solving will be the focus of this paper.First,we should analyze the concept of "contradictory".There are three expressions of "contradictory","inconsistent" and "over-authority" in the provisions of the "Legislation Law" on conflicts of law.There is a lack of clear definition criteria among the three,and clarifying the logical relationship between the three contributes to the identification of “contradictory” and lays the foundation for the later identification criteria.Secondly,the criteria for clarifying the “non-contradictory” should be based on the clarification of the scope of adjustment.As far as a legislative principle is concerned,a clear scope of adjustment is the basis for its role in practice.The principle of lack of clear scope of adjustment is often in the form of being difficult to implement.Incorporating local legislative norms into the scope of “contradictory”adjustments means that legislative powers are expanded and creative legislation can be carried out.Clearly adjusting the scope of the "non-contradictory" principle can effectively prevent local legislatures from abusing legislative power and avoiding the growth of local protectionism.Thirdly,the standards currently recognized by the academic circles are mostly enumerated.The more perfect the standards,the more complicated the enumeration clauses are,and the enumeration standards will inevitably be missed.There is a phenomenon of hang-ups.For this reason,this paper will turn to type classification to The nature of legal rules is to define standards and to define “contradictions”."The reason why we should look at the normative attributes is because the contradictions of legal norms will vary according to the types of norms."Finally,the principle of "non-contradictory" in the legislative practice has problems such as the local legislature’s unclear understanding of its own authority,the reviewing authority’s review,and the limited role of the judicial organs.This article will improve the legislature and the filing review authority.The legislative mechanism and review mechanism ensure the implementation of the“non-contradictory” principle.Provide an analytical perspective and ideas for the implementation of the “non-contradictory” principle.