Authorized Legislation System Research

Legislation authorized the legislative system is an important part of the system. Modern sense of the enabling legislation, began in 19th century England, the bourgeois separation of powers is a concept derived, is the traditional separation of powers principles of adjustments and additions. Beginning of the 20th century, enabling legislation in the major Western capitalist countries have grown rapidly, extensive development. Enabling legislation since its inception, the social life in the country played an important role. China’s enabling legislation is mainly occurred during the reform and opening up, and later the practice continue to be improved. "PRC Legislation Law," for the first time for the country’s enabling legislation provides a legal basis enabling legislation indicates that China will move towards a standardized and systematic direction. Enabling legislation, although the transition of China’s reform measures, as China’s gradual and stable social relations of production, productivity, level of development throughout the continuous improvement of the legislative practice in a legislative inevitable lag, making the current system in the enabling legislation authorized the main authority range, legislation to establish procedures and legislative oversight, there are some missing. Therefore, we should do now is with the national situation, learn and learn from the experience of Western countries, improve our system of enabling legislation to make it real in practice, to play its due role, which is the original intention of writing this article.This paper is divided into four parts for analysis of the enabling legislation for the system:The first part of the legislative system is authorized to conduct an overview of basic issues:the practice of States and through the analysis of expert opinion, scientific definition of the definition of system delegated legislation, and to arrive at their characteristics; by Western countries and the authorization of China’s legislative system generated analysis of the causes and course of development of comparison, the existence of enabling legislation system in China the value and need improvement.The second part of our detailed description of the contents of the enabling legislation:not only authorized by the legislative system to find source of law, to authorize the existence of the legislative system to find legal basis for the legislative system is fully demonstrated the legitimacy of authority; and details of China’s current enabling legislation the system, analysis system enabling legislation, so that more can be found inadequate.The third part was to investigate the shortcomings of the system enabling legislation. Authorize the legislative system has always been a controversial system, its existence is not only a challenge to the system of separation of powers, threaten the authority of the rule of law, which requires us to seriously consider one of the logical, reasonable explanation; the same time the system itself also has many shortcomings, such as the main authority, authorization and other matters, in the real application process has brought many problems that require timely to perfect, or really be able to make this system more harm than good.The fourth part is the combination of the third part of the discovery of the lack of make up for its shortcomings, improve our system of delegated legislation proposals. In order to better play our role in enabling legislation to advantage, I combine the experience of Western countries, enabling legislation, put forward a sound system of our vision of enabling legislation, enabling legislation to protect the system smoothly.