On The System Of Supervision Of Delegated Legislation

Since the 20th century, authorized legislation was established widely and got great development all over the world. As one part of the national legislation system, authorized legislation is an important means to strengthen administrative management. On one hand, the establishment of authorized legislation breakthrough the classical constitutionalism; on the other hand, it revises the theory of separation of powers. But as through authorized legislation, the power of the government got continually expanding, from the beginning of authorized legislation produced, the dispute occurred continuously. The principle of sovereignty of the people and the theory of separation of powers questioned authorized legislation time after time; therefore the supervision of authorized legislation has become necessary.In our country's legislation practice, authorized legislation also came into rapid growth. Facing the fast development trend, the monitoring system was not fully established in theory and practice, and contradictions occurred, so that establishing the effective supervision become inevitable. In this paper, based on the country's legal system and specific conditions, and compared with theory and practice in western countries, writer try to make some proposal for the improvement of authorized legislation. This paper mainly includes four sections:The first section is to introduce the production of the authorized legislation and to analyze the relationship with constitutionalism, and then introduce the necessity of supervision of authorized legislation.The second section tries to analysis the specific standards of the theory of supervision on authorized legislation. Through comparative study on western supervision mechanism, it provides effective reference for our country.The third section introduces the development of authorized legislation in China, and analyzes legislative provisions of authorized legislation, and points out the current problems existing in legislation supervision. Emphatically analyzes the authorized legislation supervision subject, supervision measures and supervision procedure, etc.The fourth section puts forward some advice for the improvement of supervision of authorized legislation, mainly from the aspects of supervision subject, supervision measures and supervision procedure.