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由于我国存在全国人大和全国人大常委会两个立法主体,导致立法冲突时有发生,我国现行法律冲突解决规则也无法解决两者的冲突。目前理论界主要是通过明确两者制定法的位阶和改革我国的立法体制来解决冲突,这都是事后解决机制。我们可以通过在立法程序把关,定期对法律进行清理,从源头遏制两者立法冲突出现,保障法律体系的统一。
Due to the existence of the two legislative bodies of the NPC and the NPC Standing Committee in our country, which lead to the occurrence of legislative conflicts from time to time, the current conflict of laws resolution in our country can not resolve the conflicts between the two. At present, theorists mainly resolve conflicts through clarifying the rank of lawmaking and reforming the legislative system of our country, all of which are ex post facto mechanisms. We can protect the unity of the legal system by checking the legislative process, regularly cleaning up the law and curbing the emergence of conflicts of laws both from the source.