Research On China's Authorized Legislation

Authorized legislation refers to a legislative action that legislature gives its own legislative power in the form of delegated decree or decision-making to another organ which undertakes legislative responsibility and according to legal proceedings makes laws in the delegated area.Authorized legislation started from 1830's England, then world-wide spreaded. This historic period, was also a state that government functions extended rapidly with social development, On the view of social basis, Authorized legislation embodies extended government functions, and also as a result of extended government functions. Authorized legislation develops fastly in China, because of reform & opening policy and constructing socialism market economy. Authorized legislation makes up quantity lackness on legislation, makes social relation adjust from laws and decrees, it delicates principle regulation of law, makes law implement effective.Authorized legislation in China has passed three stages form its appearance to nowadays. Now Authorized legislation has many kinds of forms, such as administrative laws and regulations, local laws and regulations, specific regulations, administrative rules and other standardized document. A united and steady system of delegated legislation not having been set up, the 《THE LAW OF LEGISLATION》 provided us the law faulty, many differences existing, perfective terms not having been provided. They all make the practices of Authorized legislation having some defaults in delegated organs in granted organs in legislation restricted in rules of legislation and in monitor. Therefore, searching for the way to perfect the Authorized legislation has become an important topic. In this paper, based on the practical situation of China, the writer puts forward some suggestions in purpose of completing the Authorized legislation by an detailed analysis to the defects of Authorized Legislation and of its supervisory system. Absorbing good experience of western countries' control of Authorized legislation for reference, we should perfect the Authorized legislation by setting up a united and steady system of Authorized legislation, making people participating in legislation, improving the supervision of legislation to make the laws more democratic and scientific.