立法冲突是一国立法体制内部的权限冲突和规范冲突。构成立法冲突的权限与规范须以自身合法性为前提 ,否则是无权立法 ,即立法中的违法现象 ,不构成立法冲突。产生立法冲突的决定因素是现行立法体制中不合理的制度安排 ,主要表现为立法权限设置、划分上的模糊 ,规范性法律文件效力等级地位的争议 ,立法监督的设置残缺与运行空白等。立法冲突实质上是一种有着制度根源、认识根源、经济根源、社会根源的客观现象 ,是任何一种法律制度发展到一定程度的必然产物 ,形式合法性不足以完全杜绝立法冲突 ,解决立法冲突的最终途径是对立法的合理性审查 Legislative conflict is the conflict of competence and normative conflict within the legislative framework of a country. The rights and norms that constitute the legislative conflict must be premised on their own legitimacy. Otherwise, they have no right to legislate, that is, the illegal acts in the legislation and do not constitute a legislative conflict. The determinant of the legislative conflict is the unreasonable institutional arrangement in the current legislative system, which is mainly manifested in the setting of legislative authority, the vagueness of the classification, the controversy over the legal status of legal documents, the incompleteness of the legislative supervision and the operational gaps. Legislative conflict is essentially an objective phenomenon that has its origin, cognition, economic origin and social roots. It is an inevitable result of the development of any legal system to a certain degree. The legitimacy of the form is not enough to completely eliminate the legislative conflict and resolve the conflicts of legislation The ultimate way is to examine the rationality of the legislation