On The Development, Problems And Perfection Of Authorized Legislation In China

Since the 18 th National Congress Communist Party of China held, The Central Committee attaches great importance to the rule of law. Since then, Legislation has become the first guarantee for the legal state development. With the reform and opening up, in order to meet the needs of social development, the legislature authorized its lawmaking power to organs through the forms of authorized legislation.Now, China has already built up a socialist legal system. While, some deep-seated problems of authorizing legislative system are gradually emerging, so we need to study it a new era. However, among various kinds’ problems of authorized legislation,not only have theoretical reasons, but also have “Legislation Law" irrational reasons.Authorized legislation originated in the United Kingdom, and abounds in many countries now. Many successful experiences of authorized legislation system and theoretical research have been accumulated by these countries. Mastering these precious experiences can do much good to the development of legislation of our country.This paper mainly uses the following research methods: First, Conceptual analysis:To sort and compare the concept of "authorized legislation". Second, Comparative analysis: After analyzing the development of American and German authorized legislation, which belongs to Legal system and Continental legal system.Enlightenment authorized legislative development. Third, Empirical analysis: by examining historical phase of authorized legislation, indicates the existent problems of authorized legislation.Besides,put forward strategies on legislative authority,legislative process and legislative supervision in light of American and German experience.This article focuses on the following aspects: The article first discusses the definition of authorizing legislation in different periods, and then put forward the new concept of the authorized legislation, besides, distinguished the concept between authority legislation and administrative legislation. After that, explain the legitimacy of authorized legislation. Second, draw on the lessons of American and German lessons. And then discusses the history and current problem in authorizing legislation.Finally, on the base of experience of American and German, presents improving politics on legislative authority, legislative process and legislative supervision...