论文部分内容阅读
任何原则都有例外,任何原则都允许有例外。在特别关系中,适用特别法优于普通法的原则,只能有条件例外地、有条件地适用重法优于轻法的原则。格言解析特别法优于普通法是处理法条竞合关系的一项原则。当一个行为同时触犯几项法律时,必须根据一定的适用原则决定对该行为适用哪一项法律。例如,在时间上,后法优于先法、新法优于旧法,或者新法废止旧法的适用原则。当然,新法并不是废止一切旧法,新法废止与其冲突的旧法。此外,新普通法并不优于旧特别法。即当一个行为同时触犯了新的普通法与旧的特别法时,应当适用旧的特别法。
There are exceptions to any principle, and any principle allows for exceptions. In special relations, applying the principle that the special law outperforms the common law, the principle of referentially surpassing the light law can be applied conditionally and exceptionally and conditionally. It is a principle that the aphorism parses the special law over the common law to deal with the law of competition. When an act commits several laws at the same time, it is necessary to decide which law to apply to the act according to certain applicable principles. For example, in time, the post-law is superior to the first law, the new law is superior to the old one, or the new law abolishes the applicable principle of the old one. Of course, the new law does not abolish all old laws, but the new law repeals the old laws that conflict with them. In addition, the new common law is not superior to the old law. That is, when an act commits both the new common law and the old one, the old lex specialis should be applied.