How to resolve conflicts between enactment laws. 20 in jurisprudence

I wonder if you mean only domestic, international or inter-regional? If it is domestic, then: first, no law can conflict with the Constitution; second, the special law is superior to the general law; Third, the law is superior to the provisions of the regulations.

The principles for resolving conflicts between the values of law are as follows:

1. When there is a conflict between legal norms of different levels of effectiveness, the legal norms of the next level will naturally have no effect, and there is no need for the competent authority to make a clear declaration, that is, "the superior law is superior to the lower law";

2. Where laws, administrative regulations, local regulations, autonomous regulations, and special regulations and rules formulated by the same organ belong to the relationship between special law and general law, special provisions and general provisions, or special provisions and general provisions, and the provisions are inconsistent between the two, the provisions of the special law, special provisions, and special provisions shall apply, i.e., "special law prevails over general law";

3. The principle of proportionality refers to the fact that "when a legal interest must be infringed in order to protect a superior legal value, it shall not exceed the extent necessary for that purpose".

Legal basis

Legislation Law of the People's Republic of China

Article 92: Where special provisions of laws, administrative regulations, local regulations, autonomous regulations, and special regulations or rules formulated by the same organ are inconsistent with ordinary provisions, the special provisions apply; Where the new provisions are inconsistent with the old provisions, the new provisions shall apply. Article 94 If the new general provisions on the same matter are inconsistent with the old special provisions between the laws, and it is not possible to determine how to apply them, the Standing Committee of the National People's Congress shall make a ruling.

If the new general provisions on the same matter are inconsistent with the old special provisions between the administrative regulations, and it is not possible to determine how to use the time for the large collapse, it shall be adjudicated by ***. Article 95: Where there are inconsistencies between local regulations and rules, the relevant organs are to make a ruling in accordance with the authority provided below:

When this happens, that is, when there is a conflict between a lawlessness of the law, Lu Qiao, and the stability of the law, it can be dealt with according to the actual situation, that is to say, the law is formulated, it is a very rigid fixed formula, if it is on-site.

If the situation on the scene is different, then you can deal with it according to your own subjective feelings, that is to say, the law is a very objective thing, if the objective situation is different, then you can use a subjective method to deal with it, that is to say, the development of the times may no longer be able to use the current law, then the key can go to some other methods.

There are other criteria for dealing with this conflict. Therefore, in this case, Wang Tsai should deal with it according to the actual environment and actual situation at that time.

(1) The principle of balancing the conflict of values

1. The principle of value rank

When there is a conflict between the values of different ranks, the value of the first is better than the value of the later, that is, there is a primary and secondary relationship between different values. When sorting in the textbook: Freedom, Justice, and Order. But that's not the only sort.

2. The principle of case balance

To put it simply: balance the interests of all parties. When there is a conflict between the values of the law at the same level, it is necessary to comprehensively consider the specific circumstances, needs and interests of the subjects, so that the resolution of the case can properly take into account the interests of both parties.

For example, the principle of equitable responsibility in the civil law of legal liability.

3. The principle of proportionality

The principle of proportionality in the narrow sense: there must be a reasonable and appropriate relationship between the degree of infringement of people's rights and the purpose achieved, and this principle mainly focuses on weighing the weight of "restricted legal interests" and "protected legal interests" in order to achieve harmony between interests, also known as the principle of reasonableness.

(2) Manifestations of the value conflict of law

1. Conflicts between individuals with values recognized by law: the exercise of personal freedom may result in the loss of the interests of others.

2. Conflict of values between communities: a possible conflict between international human rights and the human rights of a country.

3. Conflict of values between individuals and communities. Such as the conflict between individual freedom and social order.

Ordinary criminal law refers to criminal law with the nature and effect of general application, i.e., the penal code; Special criminal law refers to criminal law that applies to a specific person, at a specific time, in a specific area, or to a specific crime. The conflict between ordinary criminal law and special criminal law is handled on the principle that special law prevails over ordinary law; The new lex specialis is better than the old lex specialis; When an act simultaneously violates two special penal provisions with different effects. A special criminal law with higher force shall apply.

Article 6 of the Criminal Law: This Law applies to all crimes committed within the territory of the People's Republic of China, except as otherwise provided by law. This Law also applies to any crime committed on board a ship or aircraft of the People's Republic of China. Where one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is considered to be a crime within the territory of the People's Republic of China.

Article 7: Where citizens of the People's Republic of China commit crimes provided for in this Law outside the territory of the People's Republic of China, this Law applies, but where the maximum penalty provided for in this Law is up to three years imprisonment, they may not be prosecuted. This Law applies to State functionaries and military personnel of the People's Republic of China who commit crimes provided for in this Law outside the territory of the People's Republic of China.