A Study On The Delegation Of Drafting Administrative Regulations

Nowadays, the administrative regulations have been becoming more and more important. As a result, how to make regulations with high-quality widely attracts people's attention. In this context, the delegation of drafting administrative regulations has constantly entered into the public topics. However, it is regrettable that we can not find any academic research results on this hot topic. So, the author started such a research on this"academic vacuum". The result of the research is expected to contribute to clarifying all the practical and theoretical confusions caused by the delegation of drafting administrative regulations.Firstly, the author revealed the ascendant development trend after the analysis of the present condition of the delegation of drafting administrative regulations in perspective of rules and practices. Secondly, the author answered the question whether the drafting of administrative regulations can be delegated or not through the dimensions of practical and theoretical rationality. Practically, the delegation of drafting administrative regulations met the needs well of rulemaking. But theoretically, the power to draft administrative regulations can't be delegated after definition and in-depth analysis of administrative legislation power and the drafting power itself. As a result, it seams that the delegation of drafting administrative regulations is lack of legitimacy in theory. However, after an in-depth analysis of the system, the author found that the existing system does not come into conflict with the non-delegation character of the power to draft administrative regulations. The prime reason for the false impression is the difference between the essential character and the name-marked character of the delegation of drafting administrative regulations. Meanwhile, after analyzing the essential character of the delegation of drafting administrative regulations, the author pointed out that it perfectly complemented the regulation making system. In order to better improve its performance, the author strongly advocated establishing and perfecting relevant legal system when we amend relevant rules and regulations in the future.