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读者或不曾忘记,1994年11月,省七届人大常委会第十一次会议上,何碧等21名常委会委员提出了对省国土厅拒不执行省人大常委会通过的房地产产权登记条例的质询案。究其原因之一,是省制定的房地产权登记条例与国家城镇房地产管理法有关房地产登记办法出现了矛盾,也就是人们说的法规与行政规章“打架”现象。国土部门到底应该执行谁的规定?当时并没有明确一个说法。事实上,如今法律与法规、规章之间的“打架”现象屡见不鲜。据统计,现在我国已有几百部法律和具有同等效力的法律决定、800多个国务院行政法规、7000多件省级人大及其常委会制定的地方性法规。随着立法速度加快和立法数量的增多,立法混乱现象不时可见:一些机关越权制定法规、规章;一些法规、规章同法律相抵触;一些法规、规章存在着不顾国家整体利益而为部门、
Readers or have never forgotten that in November 1994, at the 11th meeting of the Standing Committee of the Seventh National People’s Congress, members of the Standing Committee of Hebi, such as 21, proposed to the Provincial Land Bureau that they refuse to implement the Regulations for Registration of Real Property Ownership Question. One of the reasons is that there are contradictions between the regulations on the registration of real estate rights and the real estate registration measures of the State Urban Real Estate Administration Law, that is, people say laws and administrative regulations “fighting ” phenomenon. Who should be the implementation of the provisions of the land department? At that time did not make a clear statement. In fact, there are many “fighting” phenomena between laws, regulations and rules nowadays. According to statistics, there are now hundreds of laws and legal decisions with equal force in our country, more than 800 administrative regulations of the State Council, and more than 7,000 provincial-level people’s congresses and local laws and regulations set by their standing committees. With the speeding up of legislation and the increase in the number of legislatures, chaos in legislation can be seen from time to time: some organs are overriding in formulating laws and regulations; some laws and regulations are inconsistent with laws; some laws and regulations exist for departments,