The Supervision Of The Delegated Legislation

Delegated legislation is an important part in a system of national legislation.It gradually developed with the complexity of social life and the expansion of government functions since the 1930s in the British. Although the delegated legislation has given rise to so many controversies, it still has developed even in the country which strictly observe the separation of powers. In the 20th century,delegated legislation has been recognized by most countries from theory to practice and it has become an important legal system.In China, the practice of the delegated legislation is ahead of its theory. Although the delegated legislation can be traced back to 1954, it has been developed since the reform and opening up. In 1982 after the promulgation of a new constitution amendment, the system of delegated legislation established. In 2000 with the promulgation of Legislation Act ,the delegated legislation also be prescribed in the law. In 2005 December 16, the chairman's meeting of 10th meeting of the 40th NPC Standing Committee completed the amendments of the "administrative regulations, local laws and regulations,autonomy and special regulations,Special Economic Zone Rules review and record procedures "(referred to as" filing legislation review and record procedures "). The act not only perfect the review and record of the delegated legislation but also strengthen the supervision of the delegated legislation.The series of practical activities and legislative activities significantly advance the development of our legislative system authorized. However, in the area of supervision to the delegated legislation, there is still a lot of issues worth exploring. In this paper, I will start the study of the supervision of the delegated legislation.To start with,the first chapter of the text introduce the system of delegated legislation from a broad macro - generalization ,followed with its emergence and evolution, causes and generalization of several Western countries such as British and America.The second chapter not only describes the system of the delegated legislation in the history,but also describes its concept,type,the position step and role.Besides, the author also pay attention to the stipulations of the Legislation Act.Chapter III introduces the supervision status of the delegated legislationin in foreign countries and our country. Chapter IV spoke the supervision of the delegated legislation in the theory and the system . Among them, the principle of the statute retained has determined the scope of the delegated legislation ; The principle of the separation of power has defined the crosswise and the longitudinal scope of the delegated legislation; The people's sovereignty principle emphasized the public's participation; The procedure fairprinciple had guaranteed the delegated legislation's process is fair and the result is just; The delegated standard explicitly caused its supervision also explicitly.Finally, Chapter IV has discussed how to perfect the supervision of the delegated legislation in the system.