建设工程法律体系

从大到小依次排列如下

1、宪法,由全国人大制定,是建设法规的最高形式,是国家进行建设管理和监督的基础

2、法律,由全国人大及常委会制定,名称规律《XX法》

3、行政法规,由国务院制定,名称规律《XX条例》

4、地方性法规、自治条例和单行条例,由省、自治区、直辖市的人民代表大会及其常务委员会根据本行政区域的具体情况和实际需要,在不同宪法、法律、行政法规相抵触的前提下,可以制定地方性法规。 名称规律《XX条例》

5、部门规章,国务院各部、委员会、中国人民银行、审计署和具有行政管理职能的直属机构,可以根据法律和国务院的行政法规、决定、命令,在本部门权限范围内,制定规章。 名称规律《XX办法》 《XX规定》 《XX实施细则》

6、地方政府规章, 省、自治区、直辖市 和设区的市,自治州的人民政府,可以根据法律、行政法规和本省、自治区、直辖市的的地方性法规,制定规章。 名称规律《XX办法》 《XX规定》 《XX实施细则》,如 《安徽省建设工程造价管理办法》

7、国际条约,除我国与外国在缔结时宣布持保留意见不受其约束以外,条约的内容都与国内法具有一样的约束力。

法的效力层级

宪法至上,上位法优于下位法,特别法优于一般法,新法优于旧法

特殊情况:
  法律之间对同一事项的新的一般规定与旧的特别规定不一致,不能确定如何适用时,由全国人民代表大会常务委员会裁决。
  行政法规之间对同一事项的新的一般规定与旧的特别规定不一致,不能确定如何适用时,由国务院裁决。
  地方性法规、规章之间不一致时,由有关机关依照下列规定的权限作出裁决:(1)同机关制定的新的一般规定与旧的特别规定不一致时,由制定机关裁决;(2)地方性法规与部门规章之间对同一事项的规定不一致,不能确定如何适用时,由国务院提出意见,国务院认为应当适用地方性法规的,应当决定在该地方适用地方性法规的规定;认为应当 适用部门规章的,应当提请全国人民代表大会常务委员会裁决;(3)部门规章之间、部 门规章与地方政府规章之间对同一事项的规定不一致时,由国务院裁决。
   根据授权制定的法规与法律规定不一致,不能确定如何适用时,由全国人民代表大会常务委员会裁决。

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