On The Delegated Legislation Supervision And Control

Delegated legislation is an important part of a country's legislation system. Since it came into practice in the U.K, it has developed progressively with the complex of the social life and the extension of the government function. Although the appearance of it aroused a lot of controversy among people, even in the most strictly observed power divided country, it has also been developing. In the 20th century, Delegated legislation has been acknowledged by most country of the world from theory to practice, and it has been developed into an important legislative system.In our country, Delegated legislation has developed since the reformation and opening to the outside. As a lot of laws have not been legislated in our country, and the development of economic needs the protection and guidance of the law, under this situation, Delegated legislation developed quickly.Delegated legislation is that the legislative main body authorizes the legislative power to another institution which can shoulder the legislative responsibility, and carries out legislative practice according to the authorized power. If we define it as a noun, it refers to the effective law papers that the authorized institution formulates.Since it appears in China, many scholars have studied it carefully, and its theory and practice has been richened progressively. But as we see, after all it is a new thing, so it is insufficient both in theory and practice.Delegated legislation must been supervised and controlled. It is decided by the innate characters of the producing, moving and realizing of power. From the practical point, it is also an important resolution to solve so many problems in the legislative practice of our country.The problems in the Delegated legislative practice of our country are mainly caused by the following two reasons: first, the legislative system in our country is not sound, and the power of legislation is not clearly divided; second, the supervision of the Delegated legislation is not enough. So to perfect the system of it, we should try our best in the two aspects. Today, we pay more and more attention to legislation, but the supervision of the Delegated legislation is seriously neglected by us, even by the most powerful institution ----the People's Congress and its standing committee. Not only the measures are not complete, but the exiting measures are not effectively carried out. So I have to say it is a big default of the Delegated legislation system in our country.This paper points out the problems in our country's legislative practice, and put forward some measures to supervise the Delegated legislation by analyzing some fundamental theoretical categories. I think that the main measures to supervise the Delegated legislation are to strengthen the legislative and judiciary supervision, to promote the citizen's supervision and so on. These measures will greatly reduce contradictories and conflicts in our country's Delegated legislation practice , and make the system of it perfect.The entry to the WTO is a great challenge to our legislative system. Only by exploring continuously ,summarizing experience and correcting defaults, can we make the Delegated legislation even the whole legislation in our country better and better. We believe we can achieve it .