중국의 입법체계와 입법 간 충돌의 해결원칙

Abstract

This thesis focus on the Legislative Law of China, and reviewed the authorities of legislative organs, hierarchy of law, principles for conflict of legal norms and several problems of regulation system for legal norms. In related to the legislative system and principles for conflict of legal norms, the Legislative Law of China works most important role, in this circumstance, the Legislative Law of China adopt the principle of higher level are superior to any law at lower levels, special law prevail over general law and new law prevails over old law. In China, except for these principles, there are others methods for resolution for conflict of legal norms,i. e. ratifying system for legal norms, recording system for legal norms,modifying or cancel system for legal norms and awarding system. In addition to these system, there exist interpretation methods and it also works for legislative unitary. Despite of using these system, Chinese legal supervision system has many problems. It contains several related problems that the limitation of ability of the National People's Congress and its Standing Committee, lack of effective legal supervision procedure, and the regulation system for legal norms by courts can not operate effectively. In Korea, the Constitutional Court exercise the right to adjudication on the constitutionality of the laws, and every courts can review administrative norms, in this point, there exist a typical difference between Korea and China. In these reasons, many Chinese scholars persist that China needs toadopt judicial regulation system for legal norms.