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抵触是我国法律中描述法律规范冲突的重要概念,代表着对法制统一的严重破坏。但是,由于理论研究的不足和语义使用的模糊,对抵触的概念和标准一直未能达成统一、明确的共识。本文通过比较现有法律文本中对抵触概念的不同使用,对法律规范冲突语境下抵触的概念做了明确界定,区分了抵触与不一致、冲突之间的关系,并以此为基础提出了判定法律规范抵触的形式标准和实质标准。
Conflict is an important concept in our law that describes the conflict of legal norms and represents a serious disruption to the unification of the legal system. However, due to the lack of theoretical research and the vague use of semantic usage, it has been impossible to reach a unified and clear consensus on the concepts and standards of resistance. By comparing the different use of the concept of conflict in the existing legal texts, this article makes a clear definition of the concept of conflict in the context of conflict of legal norms, distinguishes the relationship between conflict and inconsistency and conflict, and based on it, Legal norms contravene the formal standards and substantive standards.