On the Conflict of Legal Norms——Using Legal Norms under One Constitution as Analytical Objects
Dong Shu-ping
Abstract
Dong Shu-ping
Abstract
Under one constitution,conflict of legal norms is that plural legal norms of adjusting the one question disaccord in content,and the obtainable legal effect cannot be compatible when they are applied to individual cases.The conflict of legal norms includes the conflict according with legal order and the conflict inconformity with legal order.In the conflict according with legal order,both conflicting parties are compatible with legal order,and both have legal system membership and legal effectiveness.Which include:the conflict between law at the lower level as the exception of law at the higher level and law at the higher level,the conflict between special law and general law,and the conflict between rule and principle.The conflict inconformity with legal order is mistaken by legislator,one side of plural conflicting parties cannot be compatible with legal order,and haven't legal effectiveness.Which include the conflict between law at the lower level but not the exception of law at the higher level and law at the higher level,and the conflict between new law and old law.
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Under one constitution,conflict of legal norms is that plural legal norms of adjusting the one question disaccord in content,and the obtainable legal effect cannot be compatible when they are applied to individual cases.The conflict of legal norms includes the conflict according with legal order and the conflict inconformity with legal order.In the conflict according with legal order,both conflicting parties are compatible with legal order,and both have legal system membership and legal effectiveness.Which include:the conflict between law at the lower level as the exception of law at the higher level and law at the higher level,the conflict between special law and general law,and the conflict between rule and principle.The conflict inconformity with legal order is mistaken by legislator,one side of plural conflicting parties cannot be compatible with legal order,and haven't legal effectiveness.Which include the conflict between law at the lower level but not the exception of law at the higher level and law at the higher level,and the conflict between new law and old law.
Key concepts: Law, Legal research, Political science, Legal pluralism, Legal realism, Legal profession, Empirical legal studies, Philosophy of law