Comparative Research On Authorized Legislation System Of China And Western Countries

Authorized legislation system is one of important parts of legislative systems. From the modern sense, it began in the 19th century in British and was a concept derived from the theory of Bourgeois decentralization and the adjustment and complement for traditional separation system of powers. After the beginning of the 20th century, authorized legislation system widespread rapidly through the main capitalist countries of western society. Chinese authorized legislation phenomena came into being during the course of reform and opening-up. It played a vital role for improvement of legislative system and economic development. However it is a new issue in Chinese legislative system, in practice this will inevitably have some far from satisfaction. So the aim and significance of the paper is to learn from legislative experience and practice of western countries for improving Chinese legislative system.The paper expounded the theoretical and practical principles that we should observe in authorized legislation on the basis of analyzing the system, theory and practice of Chinese authorized legislation and main western countries', with the way of comparative research, empirical analysis and historical analysis.The paper includes 6 parts:The first part summarized the basic matters of authorized legislation system. This part is involved 2 problems. One is the concept of authorized legislation. The author thought the authorized organs and the scope of authorized organs can not be understood narrowly when defining the concept of authorized legislation, and the qualification for it is whether they could undertake the legislative responsibility. The second is the history of authorized legislation system. The author introduced and analyzed the development and causes of Chinese and western authorized legislation and drew a conclusion that authorized legislation is valuable facing with an increasingly complex society.The second part is the comparative analysis on Chinese and western authorized organs. The author analyzed the difference between single parliamentary authorized organs of western countries and Chinese magnified authorized organs. The conclusion that authorized organs should be defined clearly with the form of law was drawn.The third part is the comparative analysis on the content of Chinese and western authorized legislation. The author analyzed the difference between the "reserved principles of legislative power" in western countries and Chinese broad items on authorized legislation. The conclusion that Chinese "Legislative Law" should learn from western experience and regulate the items that unable to be authorized was drawn.The fourth part is the comparative research on production ways of Chinese and western authorized law. The author analyzed the strict rules for authorized bill and Chinese nonstandard production ways of authorized law. The conclusion that we should build the principles of authorized legislation was drawn.The fifth part is the comparative analysis on Chinese and western control methods of authorized legislation. The author analyzed the difference between diversified and effective control methods of authorized legislation in western countries and Chinese limited oversight mechanism of authorized legislation. The conclusion that we should learn from western countries and improve our oversight mechanism was drawn.The sixth part is the advice for improving Chinese authorized legislation system. The author put forward several ideas: first, improve the content of authorized legislation (including defining authorized organs and the items scope that unable to be authorized clearly); second, build basic principles of authorized legislation (including the principle of not ultra vires, the principle of democratic legislation, the principle of unity of the legal system); third, improve the oversight mechanism of authorized legislation, combing western experience on authorized legislation so as to exert the role of our authorized legislation.