Study On The Nature Of Administrative Legislation

Generally speaking, Administrative legislation refers to the appointed legislation or authorized legislation. Through the worldwide study, we know that as far as ancient Greek Age, the appointed or authorized law-making method already exists. In modern times, especially the monopoly capitalism time, legislature is relatively unfamiliar with so many new social problems, which makes it's difficult to legislate timely. So,'administrative legislation'emerges and flourishes all along. In China, with the aim of building a socialist country ruled by law, administrative legislation is now playing a very important role, especially for keep the administration according to law, the building of government ruled of law, developing the socialist market economy and socialist democracy, strengthening material civilization, political civilization and spiritual civilization and so on.However, we should not ignore its negative effects, such as the erosion of the legislature's power, the unequal protection for some government departments. More important, this kind of legislation can easily ignore human dignity and values, and infringe on personal liberties and properties. Hence, the problem now is how to supervise administrative legislation.In this paper, with the methods of historical analysis, illustration analysis, comparison studies and empirical analysis, we will separate administrative legislation into independent legislation and authorized legislation, instead of the traditional route of regarding it as a whole to study. Through meticulous analysis and detailed arguments, we argue that the nature of independent legislation is administrative action, which should be supervised mainly by judicatory; but the nature of authorized legislation is legislative behavior, which should be supervised mainly by legislature.So, we can avoid the disadvantages of supervising administrative legislation as a whole, such as lacking certain legislation supervising body caused by its promiscuous nature, the low-efficiency caused by the great amount of administrative legislation. Hence, it can enhance our country's supervision for administrative legislation, in order to achieve the aim, human rights protection and control of government authority.