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在行政执法与诉讼中,常听到一些同志抱怨法律规定很乱,同一问题在不同的法律、法规中规定不一致,有的甚至互相抵触,执行起来很难。我们说,法律规范之间出现不一致,甚至互相抵触的情况是有的,在一定程度上说是不可避免的。因为社会在发展,某些旧的社会关系不断被新的社会关系所代替,反映旧的社会关系的法律规范也要不断适应社会发展的要求。同时,由于社会关系尤其是经济关系的复杂性,也导致一般的法律规范同与其相关联的特殊法律规范之间的矛盾等等。问题在于适用这些法律规范时如何处理它们之间的矛盾?我们认为处理这些矛盾应遵循以下
In administrative law enforcement and litigation, we often hear some comrades complain about the chaotic legal provisions, the same issues stipulate inconsistencies in different laws and regulations, and some even contradict each other and are difficult to implement. We say there are some inconsistencies between laws and regulations that even conflict with each other. To some extent, this is inevitable. Because of the development of society, some old social relations are constantly replaced by new social relations, and the legal norms that reflect the old social relations must constantly adapt to the requirements of social development. At the same time, due to the complexity of social relations, especially the economic relations, it also leads to the contradiction between the general legal norms and the special legal norms associated with them. The question is how to deal with the contradiction between the application of these legal norms? We believe that the handling of these contradictions should follow the following