Legislative Conflict And Its Path

Confliction of legislation is usual phenomenon in process of modernization in China.Our country legislation makes great progress after socialist market economy has set up.Confliction hinders the realization of peoples'rights and disturbs the constitutionalism and rule-by-law order.Many scholars pay attention to this phenomenon which is becoming graveness.In this article, there are three parts ,the first part describe the behavior of the conflict of our country; the second part analyses the reason why the conflict of law is produced; the last part forward to the possibility of solving the conflict of laws in the legislation and theory . The first part, we should probing into the conflict of law ,and we should pay close attention to the expression of the conflict of laws in our country .So in the first part ,the author gives the fact to describe on the legal form of expression that conflict of our country. The author divided the legal conflict in our country into three kinds of form .In the second part, the author analysis which carried on the legislation conflict.The analysis of the reason which produces legislation conflict is helpful to our correctly understanding and the solution legislation conflict.(1)The direct reason, the legislation body jurisdiction is unclear, the legislative explanation influence, the authorized legislation is not clear, all of these directly cause the legislation conflict.(2) The basic reason. The conflicts between different benefit is the basic reason.There are many benefits, including the benefits between place and central committee, different place, different department.(3)The objective reason, Social life complexity, legal quantity numerousness and disorder, are all objective reason. the law indicates fuzziness, legal value orientation difference are all intrinsic reasons.(4) The intrinsic reason. Legal fuzziness, human's cognitive ability limitation, legislator cognitive limited ability are the objective reason.The analysis of question goal lies in solving the problem. In the third part, the author proposes the legislation solution to solve the legislation conflict. Seeking from the legislation is most economical, the most effective procedure. Our legislator already realized the legislation conflict harm, established some mechanisms in order to solving the legislation conflict, but still had many shortcomings and insufficiency. Therefore, the better solution has to base on our country national condition and our legal system frame. In order to control the legislation conflict. First we should control the legislation jurisdiction, processes central legislation jurisdiction and place legislation jurisdiction, controlling authorized legislation are all the useful ways to control the legislation conflict. Second establishes many Yuan surveillance legislation mechanism. Third perfect the legal cleaning up mechanism. In addition, the system takes the theory as a foundation. Legislation needs the certain idea to support it. In the ,there are three big basic principles. Three big basic principles are legislation basis. So the author try to find ways from the theory and principle.legislation conflict harms in a big way to the society, solution legislation conflict has the great significance to the legislative work.