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法的违反情形与抵触情形是规范合法性审查的主要对象。前者是立法者制定的低阶法规定直接或间接不符合作为高阶法规定的立法性规定;后者是初显有效、内容同域、事项同类且适用条件重合的同阶法规定,因规定的内容、态度、语义或行为模式不兼容而导致其不能被共同实现。二者作为制度事实,都是应当被消除的立法不法情形。但二者是不同概念,法的违反情形由性质、内容和功能皆不同的高阶法与低阶法规定构成,违法的规定应当被判定为自始无效;法的抵触情形则是由相竞合的一般法规定构成,相抵触法规定中的不法一方应当被判定为嗣后无效。据此界分,规范合法性审查应当分成有效性审查与兼容性审查两个层面。
Law violations and conflicts are the main targets of normative legitimacy. The former is the legislator’s low order law provides directly or indirectly does not conform to the provisions of the law of higher law as the legislative provisions; the latter is valid, the same content with the domain, the same terms and conditions applicable to the same order requirements, due to the provisions The content, attitude, semantic or behavioral patterns are incompatible and can not be achieved together. Both as institutional facts, all should be eliminated in the case of legislative failure. However, the two are different concepts. The violation of law consists of the higher order law and the lower order law that are different in nature, content and function, and the provisions of the law of illegality should be judged as invalid from the beginning. The law of conflict is formulated by the competing The general law provides that the unlawful one of the provisions of the law of contravention shall be found to be invalid subsequently. According to this, the normative legality review should be divided into two levels of effectiveness review and compatibility review.