行政法律冲突适用选择新进路--以体系化方法为突破口

摘要

It's characteristic of administrative trials that they have various levels and categories of the legal norms and numerous types of conflicts.And there are three key rules for the administrative law conflicts, which are effective to the most ordinary conflicts:"the major law is superior to the minor","the post law is better than the new","the special law has priority over the general".However, in the face of complex conflicts, the above three rules are less powerful.Therefore, we should resort to the theory about the law system, and only when the adminis-trative conflicts have been included into the whole law system, can the dilemma of the conflicts be solved.%行政审判中所涉及的法律规范层次、门类较多，规范冲突的类型较为复杂。行政法律规范冲突的三大适用规则，即“上位法优于下位法”“后法优于前法”“特殊法优于一般法”，可以有效解决大多数普通规范冲突。但在复杂规范冲突面前，三大适用规则适用有其局限性。借助于体系化理论解释进路，行政法律规范冲突的适用选择只有将其纳入整个法律体系内予以考量，才能从根本上解决冲突规范的适用困境。