An Analysis On The Legislation Of The Authorized Legislation Clauses In Legal Texts

The study object of this thesis is not the theory of authorized legislation, which has been pretty mature in the field of legislative science, but a concept which is closely connected with it-authorized legislation clause. Authorized legislation clause is the specific expression of authorized legislation, and it has been widely used all over the world. There are many authorized legislation clauses in Chinese legal texts, too. And the central task of this thesis is to find the way in which we can make the authorized legislation clauses more normative.The first three parts set out to find the certain basic structure and content of authorized legislation clauses by analyzing the basic structure and content of authorized legislation in the angle of legislative theory. The first part is about the definition of authorized legislation; next is-about the necessity and value of the legislation of authorized legislation clauses; and then is the theoretical analysis of the structure of authorized legislation clauses. The last two parts pay more attention to the empirical analysis. The former part focuses on the analysis of the formulation of authorized legislation clauses in current legal texts of China by comparing it with the research results of the first three chapters. And the research result is that there exist many defects and shortcomings in the formulation of authorized legislation clauses. To be specific, the defects and shortcomings are:the imperfection of the express authority clause; the existence of the implied authority clause; disunity in the structure and wording of authorized legislation clauses; vagueness of the authorized organization in some legal clauses; the imperfection in the time limit of authorized legislation clauses; the imperfection of the supervision mechanism. All of these problems need to be solved urgently. And the last part sets out to find the methods and approaches to the above problems one by one. hoping that will benefit the cleanup of the authorized legislation clauses in the future and do my bit for the systematical standardized study of the structure of law.