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部门法规范冲突不仅是因部门法调整范围的交叉重叠所致,更是由公法、私法法律原则背离对峙而成,其主要表现为“刑民冲突”和“行民冲突”。在部门法规范冲突案件中,法官应当依据宪法上的比例原则和人权保障原则,在私法案件中适当引入公法规定而区分诸种民事法律行为之效果,在公法案件中为维护公法秩序而酌情考量当事人私法行为之效力。在中国特色社会主义法律体系已经形成的新时代背景下,部门法规范冲突宪法调适的实现,一是需要立法者在明确区分公法与私法的基础上促进两者接轨,二是需要司法机关充分体悟宪法精神,贯彻宪法原则,在司法审判等法律适用过程中对公法与私法规范的冲突作合理调适。
The conflicts of departmental law norms are not only caused by the overlapping of the scope of departmental regulation, but also formed by the departure from the confrontation between the legal principles of public law and private law. The main manifestations are conflict of criminal law and civil conflict. In cases of conflict of laws and regulations in the departmental law, judges should, in accordance with the principle of proportionality in the Constitution and the principle of safeguarding human rights, appropriately introduce the provisions of public law in private law cases so as to distinguish the effect of various civil law-based acts and to consider discrepancies in the protection of public law in public law cases Effectiveness of the parties’ private law. Under the background of the new era in which the socialist legal system with Chinese characteristics has been formed, the realization of the constitutional adjustment of the conflicts of laws and regulations in departmental laws requires that legislators promote their integration based on a clear distinction between public and private law and that the judicial organs fully understand Constitutional spirit, implement the principle of the constitution, make reasonable adjustment to the conflict between the public law and the private law norms in the process of the application of the law such as judicial adjudication.