Rules applicable legal norms conflict

   Adjustment of the same object in two or more than two laws and regulations conflict due to different legal consequences, under normal circumstances should be in accordance with the applicable rules of law is superior to the law, legislative law later method is better than the former law and special law is superior to general law, judge and choose the suitable law the. Involved in the matter of great conflict rules, relevant organs of the existence of conflicts of legal norms have different opinions, it should apply the legal validity is questionable or according to the rules of application of law can not determine how applicable, according to the procedures stipulated in the legislative law step by step to send the authority ruling.

    (a) the law not in conformity with the law of the judgment and Application
    The law does not comply with the provisions of the law, the people's court shall apply the law principle. Many of the specific administrative act is made according to the law, not quoted and applicable law. In this case, in order to maintain the unity of the legal system, the people's court to review the legality of concrete administrative behavior, should be to determine whether the lower in accordance with law. The lower conflict with the law, shall the legitimacy basis law identified the specific administrative act.

   From the trial practice, common law does not conform to the law: the law to narrow the scope of subject of right upper law, or in violation of the law to expand the scope of subject of right upper law; lower limit or deprive the rights provisions of law, or in violation of the law to expand the law the scope of rights; the law to expand the scope of administrative or legal responsibility; lower law to extend the period to fulfill the law; the law for reference, must expand or limit, reducing the law duty or obligation subject nature or conditions such as lower limit; adding or violation of the applicable conditions of shrinkage law; the law to expand or limit the provisions of the administrative punishment behavior, the types and magnitudes of the range; property violations the change law has stipulated the lower coercive measures; beyond the provisions of applicable scope, types and methods, as well as additional or limit its applicable conditions; regulations, rules or other normative file set does not comply with the provisions of the administrative license law of administrative license, or add The administrative permit law against the other conflict situations.
    Changes in the law, administrative regulations or local regulations, the provisions are not expressly repealed, the people's court shall, according to the following circumstances where applicable: the enforcement regulations and revised laws, administrative regulations or local laws, shall not apply; for the laws, administrative regulations or local regulations modify, the enforcement regulations corresponding loss basis and can not be independently, not applicable; the enforcement regulations and revised laws, administrative regulations or local regulations do not conflict, can be used.

    (two) for special provisions and general provisions
    The different provisions of the same law, administrative regulations, local regulations, autonomous regulations and separate regulations, rules and regulations in the general provisions and special provisions on the same matters, the priority for special provisions.
    Between the laws, administrative regulations or local regulations on the same subject matter of the new general provisions special provisions inconsistent with the old, the people's court in principle should be applied according to the following circumstances: new general provision to allow special provisions old continue to apply, special provisions applicable to general new old; the abolition of the special the provisions of the general provisions of the old, new. To determine whether to allow the general new old rules continue to apply not, the people's court shall suspend the administrative case, to the law, report to the Supreme People's court shall refer to the National People's Congress Standing Committee to award; administrative regulations step by step, reported to the Supreme People's court sent to the State Council Award belongs to the local rules and regulations; the higher people's court, please make an agency adjudication.

    (three) applicable local regulations and departmental rules and regulations conflict option
    Between the local laws and regulations inconsistent provisions to the same matter, the people's court may apply according to the following circumstances:

   (1) the laws or administrative regulations authorized department regulations to the implementation of provisions, the provisions apply;

   (2) not yet enacted laws, administrative regulations, departmental rules and regulations for the decision of the State Council, command authorized matters, or matters shall, for the central macro-control needs a unified national market rules and foreign trade and foreign investment national uniform matters, should be the priority application;

   (3) local regulations according to laws or administrative regulations mandate, specific provisions are made according to the actual situation of the administrative area, shall prevail;

   (4) the provisions of local laws and regulations to make matters belong to the local affairs, should be the priority application;

   (5) not yet enacted laws, administrative regulations, local laws and regulations according to the actual situation of this administrative region, pursuant to the provisions of the national uniform outside the make, should be the priority application;

   (6) other circumstances can be applied directly. Not sure how applicable, shall suspend the administrative case, report to the Supreme People's court in accordance with the legislation law article eighty-sixth (two) the provisions of item please send the right organs.

    (four) the choice of applicable rules of conflict
    Between the departmental rules and local government regulations inconsistent provisions to the same matter, the people's court may apply according to the following circumstances:

   (1) the laws or administrative regulations authorized department regulations to the implementation of provisions, the provisions apply;

   (2) not yet enacted laws, administrative regulations, departmental rules and regulations for the decision of the State Council, command authorized matters, or to the provisions, which belongs to the central macro-control needs a unified national market rules and foreign trade and foreign investment and other matters, should be the priority application;

   (3) the rules of local governments according to law or administrative regulations mandate, specific provisions are made according to the actual situation of the administrative area, shall prevail;

   (4) the provisions of local government regulations on specific administrative matters belonging to the administrative area, shall prevail;

   (5) other circumstances can be applied directly. Not sure how applicable, shall suspend the administrative trial, reported to the Supreme People's court shall refer the matter to the State Council award.
    The State Council departments inconsistent rules on the same subject matter of the provisions, the people's court may choose to apply the general according to the following circumstances:

   (1) the provisions regulations applicable and the law does not conflict;

   (2) are not in conflict with the law, the priority for the exclusive authority formulate rules and regulations;

   (3) more than two departments of the State Council on matters relating to the scope of the joint formulation of rules and regulations, prior to the provisions one branch alone;

   (4) to other circumstances choose suitable. Not sure how applicable, shall suspend the administrative trial, reported to the Supreme People's court shall refer the matter to the State Council award.
    Inconsistent state or the Department of the province, city, autonomous region people's government formulated the other normative documents on the same provisions, refer to the mental processing.