The Methods To Resolve Conflict Of Laws In The Same Order

With the advancement of Legalization in China,the number of legal norms in our country has grown more rapidly in a short period of time.Observed from the existing legal norms,many of them are based on the application of different legal principles and different means and are formulated according to different purposes.These norms are sometimes formulated separately based on specific functional considerations and sometimes formulated broadly based on the overall legislative intent.They form at the same order,but exist together in areas that are parallel to each other.In the provisions of the Legislation Law,some clauses have already been pre-arranged for the conflicts between the same normative norms.However,in reality,the existing provisions are still too simple and crude.How to put forward the relevant local methods and technologies at the appropriate level for the resolution and application of the normative norms is the direction that we should still try hard.The thesis begins with the analysis of the solution to the conflict of laws in the traditional method,and then explains the legal basis behind the solution of the same-class legal conflict.And it also analyzes the existing legal provisions in the application of the specific rules such as "the same authority","the same matter","inconsistency" and "contradictory".On the basis of the traditional methods of conflict resolution,this article puts forward the viewpoint of intervening in value judgments and interest measurement in view of the conflict between rules andprinciples,which is conducive to improving the method of resolving conflict of laws at the same level.First of all,the dissertation elaborates the legal conflict resolution methods in the traditional way.By analyzing different theories,the connotation of the level concept as the premise in the traditional solution is obtained.The conflict between the legal norms of the same level is generally handled according to the rules of “special law is superior to the general law” and “new law is superior to the old law”,and the conflict resolution between different levels of legal norms is generally in accordance with the“upper law is priority”.It then analyzes the legal basis for the traditional conflict resolution rules,for example,establishing the legal status of special law over general law in accordance with the principle of the closest connection;based on the protection of reliance interest,it establishes the legal status of the new law over the applicable legal status of the old law.In addition to the above foundations,the relationship between the stability and variability of the law itself is very important.The only change is the change itself.Second,the article describes two common conflict resolution rules in detail-the“special law is superior to the general law” rule and the “new law is superiorto the old law” rule.For the specific rules,the existing legal regulations are not clear,such as“the same authority”.The specific meanings of concepts such as “the same matter”“inconsistent” and “contradictory” are summarized and described in detail.In formulating the authority,both rules require that conflicting legal norms should be formulated by “the same agency”,that is,when applying the above two conflict resolution rules,it is necessary to satisfy the strict application about the sameauthority.According to this understanding,if there is a conflict between the basic laws enacted by the National People's Congress and the laws enacted by the Standing Committee of it separately from the basic laws,it will not be able to follow the “special law is superior to the general law” or the “new law is superior to the old law”.In addition,some other special rules were briefly introducedwhen choosing law rules.Finally,from the previous studies on legal conflicts,we can see that the traditional method is only for the conflict between rules and rules,but ignores theconflict between rules and principles that may occur.There are some shortcomings and problems,such as pursuit the perfection of constructing the theory of excessive,which leads to the lack of clarity of concepts,the excessive emphasis on the logical resolution of legal conflicts and the lack of real attention to reality.If you want to use the conflict rules to resolve legal conflicts,then they will inevitably suffer from the value judgments,because in the specific solution to legal issues,we must take into account the purpose or attempt to legislate.Therefore,when applying the rules of conflict of laws resolution,it is not only simply to be logical,but also reflect the legal thoughts hidden behind it.Therefore,introducingthe considerations for supplementary legal consequences and ways of measuring benefits is necessary.