Study On The Conflict Of Local Laws And Regulations And Its Coordination Mode

The effective application of local regulations is an important way to follow the spirit of good governance of good laws and maintain the unity of national legal system.The Legislation Law divides Chinese legal sources into six levels in terms of effectiveness,and provides a coordinated way of conflicts of application of legal norms in principle,so as to provide a system guarantee for the formulation and application of legal norms.However,it should be noted that the legal norms with unclear effectiveness level and different enacting authorities do not belong to the constraint category of the applicable rules for the selection of legal norms in the Legislation Law.By investigating the cases of conflicts of application of local laws and regulations in judicial practice,we can see that the conflicts of application of local laws and regulations are caused by the "inconsistency" and "local characteristics" of local laws and regulations.Local regulations cover provincial local regulations and local regulations of cities divided into districts.The Legislation Law only sets a unified position for the effectiveness level of local regulations,and does not specify the effectiveness level between provincial local regulations and local regulations of cities divided into districts.At the same time,the People’s Congress of the city divided into districts formulated local regulations of the city divided into districts in accordance with the realistic requirements of "characteristic and operational" and on the premise of following the principle of "non-conflict".When conducting local legislation on matters stipulated in Article 81 of the Legislation Law,it was difficult to avoid "inconsistent" provisions with provincial local regulations,which left the possibility of conflicts between the two in the judiciary.Therefore,judges are faced with the dilemma of "making decisions by themselves and expressing cautiously" in cases of conflicts of local laws and regulations.Based on the perspectives of constitutional law and administrative law,this paper explores a coordinated solution to the conflict of local regulations from the aspects of promoting cooperative legislation between provinces and cities divided into districts,improving the applicable system of the conflict of local regulations and improving the ruling mechanism of the conflict of local regulations.On the premise of overlapping legal sources and governing regions between provincial local regulations and local regulations of cities divided into districts,this paper provides a solution to the conflicts of application of local regulations in judicial practice.