试论法律合法冲突的制度成因

法律的冲突可以分为违法冲突与合法冲突两类。法律的合法冲突主要由四个方面的因素而引发 :一是立法权限不明确 ,导致法律规范之间的合理冲突 ;二是立法授权不明确 ,由此引发“政出多门” ;三是不确定法律概念的存在 ,使得相关立法依据条款界限不清 ;四是立法的连续过程 ,即法律的废、改、立引起相关规定难以及时配套。因而 ,如何通过相应的制度配置来消除法律之间的合法冲突 ,成为保障法制统一性的重要内容。

A tentative research on the institutional cause of the legal conflicts in law

The conflicts of law can be categorized into illegal conflicts and legal conflicts. The legal conflicts in law are triggered in the main by factors of four kinds: the first is the uncertainty of legislative power which gives rise to the rational conflicts among the law forms; the second is the uncertainty of legislative authorization which thereby leads to the emergence of executive orders of self-contradiction; the third is the ambiguity of the legal concepts which gives rise to the unclear limits of the relevant legislative reference; the fourth and the last is the continuous process of legislation, i.e., the abolishment, alternation and constitution of law fails to make a timely regulations of relevance. Therefore, how to pass corresponding institutional regulations to abolish the legal conflicts between laws has become a very important aspect in ensuring the legal-rule integrity.