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New NPC body to address law conflicts
(China Daily)
Updated: 2004-06-21 07:47

(Continued)

Checking conflicting legislation

Wang Zhenmin, vice-director of the Law School at Tsinghua University, said conflicting legislation, which is still common in this country, often hinders the development of the market economy.

Du Gangjian, a professor of administrative law with the National School of Administration, said such conflicts pose a serious challenge to the country's efforts to build a unified market economy.

He said a unified and equitable legal system is the prerequisite for unified market order and that the dignity of national laws should be strictly safeguarded.

"Ambiguous, poorly designed regulations make it difficult for both ordinary people and judges to make decisions, leading to uncertainty in transactions affected by the legislation," Wang said.

Wang's remarks may well have been made in response to an encounter involving Li Huijuan, a judge in Luoyang Intermediate People's Court, in Central China's Henan Province.

Last year Li came across a legal conflict involving the national Law on Seeds and a provincial regulation on seeds issued by the Henan People's Congress when presiding over a civil case in which compensation for the alleged failure to honour a corn seed contract was in dispute.

Li was virtually fired after challenging the authority of the local people's congress.

Judge Li, with a Master's Degree in law, gave his carefully worded verdict in October, 2003, saying the clause in the local regulation, which contradicts the national seed law, is "automatically invalid, because the local regulation is lower than the national law in the legal hierarchy."
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