On Administrative Agence's Power Of Making Civil Regulation

In China, whether administrative agency has the power to make civil regulation is under discussion. From the statutory stand-point, the essence of administration agency is a part of law execution. Therefore, the law which the administrative agency executes is not civil law, so the power of administrative agency does not include the power of civil legislation and authorized legislation does not apply to civil legislation. From a practical stand-point, the background of authorized power of legislation and the characters of civil law means that the power authorized to administrative agency does not include the power of civil legislation. The action of making civil law by administrative agency leads to a bad outcome: breaching the union of legal system and the constitutional individual power; leading to the contradiction of legal system; making difficulties in applying law; leading to injustice of legislation; putting citizens into puzzled in reading law; exceedingly intervening civil law ;and so on. These reasons which might lead to the phenomena are: government's competence is still developing; the legislative power of administrative agency is alien; the lack of civil code; and so on .In the current constitutional construction, the administrative agency should not go into the field of civil legislation, an legal system made up by law, local regulation and judicial examination should be established.