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面对交往方式和社会关系日益繁杂的趋势,立法者难以运用有限的理性和经验制定相互融合的法律规则,在案件审理过程中发现和解决法律规则冲突就成为司法者不可回避的司法职责。司法过程既是权利冲突的化解和协调过程,也是规则意义的明晰和规则冲突的消解活动,以司法解释为中心的程序机制内含了规则冲突的解决功能。法院应该是解决规则冲突的权威主体,法院可以运用选择适用权来解决法律规则的冲突,法院能够通过司法审查机制来解决法律规则冲突,法院应该通过司法解释和判例规则来解决法律规则之间的冲突。
Confronted with the trend of increasingly complicated social relations and social relations, it is difficult for lawmakers to make use of limited rationality and experience to formulate legal rules that merge with each other. Finding and resolving conflicts of legal rules during the trial of a case becomes a judicial responsibility that judicial officials can not evade. The judicial process is not only the process of dissolving and coordinating the conflicts of rights, but also the clarification of the meaning of the rules and the resolution of conflicts of rules. The procedural mechanism centered on judicial interpretation contains the function of resolving the conflicts of rules. The court should be the authority subject to resolve the conflict of rules. The court can use the right of choice to solve the conflict of legal rules. The court can solve the conflict of legal rules through judicial review mechanism. The court should solve the conflict between legal rules through judicial interpretation and precedent rules conflict.