As a subjective evaluation of colliding between the lower-level law and the higher-level law,"conflicting"is difficult to be accurately identified because of the ambiguity of semantic definition and judgement criteria,which hinders the implementation of the recordation review to a certain extent.Through comparison between words,it can be seen that"conflicting"is based on the same domain and similar content of the two laws,which is enough to reverse,offset,exclude and avoid the higher-level law.Meanwhile,it certainly produces negative evaluation,which is not the same as the words such as"discrepancy"and"violation"in intension and extension.In order to enhance the certainty and accuracy of the results of recordation review,the"nature of thing"provides a comparable"point"between the lower-level law and the higher-level law,and also establishes a substantive criteria for the judgment of"conflicting".It is necessary to use a variety of interpretation methods in combination with the local actual situation,to dig out the true connotation of the lower-level law,and to consider whether its interpretation conforms to the higher-level law,so as to provide sufficient reasons and basis for the judgment of"conflicting".
关键词
备案审查/合法性审查/相抵触/事物本质/法律解释
Key words
recordation review/legitimacy review/conflicting/nature of thing/legal interpretation
万方数据