On The Legitimacy Of Authorized Legislation

Creation and development of authorized legislation are the results of the development of the social situation, because the congrss legislation can't satisfy a society's objective need for legislation.But the authorized legislation also exist various irregularities, it endangers the right and the freedom of citizen easily.On the foundation of reality of authorized legislation ,this article carry on a legitimacy of authorized legislation to perfect our country authorized legislation system and legislation .The legitimacy of authorized legislation have important value to guarantee citizen right, construct rule of law government , improve the relationship of the government and administration opposite person of harmonious societies and construct the country under the rule of law.studys of authorized legislation are mostly from the level of the rule and the technique currently, but to the legitimacy of authorized legislation haven't caused the extensive concern for educational circles. The research for the legitimacy of authorized legislation relates to the existent value of the authorized legislation , this article tries on a value of level to authorized legislation to carry on a legitimacy study, In this article,I want to present a reseach on the legitimacy of authorized legislation by positive analysis and value analysis, especially the latter, as well as comparative analysis, dialectic analysis and history analysis. contacting our country of actual, I want to discuss the judgment standard of legitimacy of authorized legislation , aim at the shortage of the present condition of legitimacy of authorized legislation in our country, put forward the suggestion of the guarantee and supervision, contribute to perfecting our country authorized legislation system, assurancing healthy development of authorized legislation This is the point of departure of this article writing, is also a purpose place.The whole article is totally divided into a four-part cent.The first part is the concept that defines to the authorized legislation. To explicit the concept of the authorized legislation is a premise of research to legitimacy of authorized legislation. The concept of authorized legislation was theoretically filled with a conflict. The concept of the authorized legislation which needs to be carried on a defination and explaination. This article thinks that the authorized legislation means laws of various administration of establishment according to the congrss.This concept include the following contents :The first, authorized legislation of authorization be limited by a national legislation organization .The second, the authorization is legislative of drive authorize be limited by an administration organization .The third, the authorization legislation expeled job power legislation on the concept.The second part discuss the legitimacy of law. firstly to define the concept of the legitimacy. Secondly it explains the concept of legitimacy of law in three facets of formal legitimacy, procedural legitimacy and substantial legitimacy and discusses the relationship among them.The third part is the most important part in this article. It discusses the necessity of authorized legislation first.Analyze the reason of creation of the authorized legislation and the function of authorized legislation, then analyze the legitimacy of authorized legislation .the study of the legitimacy of authorized legislation is important, because legitimacy of authorized legislation exist many problems, it explains the legitimacy of authorized legislation in three facets of formal legitimacy, procedural legitimacy and substantial legitimacy .The four part discusses the guarantee and the supervision of the legitimacy of authorized legislation. It would be only prate without effective ensuring mechanism,so we consider the guarantee and supervise and control as the indispensable parts of the issue.