Research On The Supervision Mechanism Of Authorized Legislation

Authorized legislation is the product of socialized production and the power of the government to strengthen, in 1834 the British poor law appears as a symbol, to the present but also for more than 100 years of time, but it has become an important part of the legal system in most countries. Authorized legislation has been controversial,because it is objectively breaks through the separation of the powers of legislative and enhances the administrative power and threat the citizen’s basic rights. It impacted the traditional constitutional system. It is particularly important to supervise the legislation of the authority.Delegated legislation in our country also experienced a long period of practice,but in the practice of authorized legislation has not been effective supervision, 2000 promulgated the "legislative law" was formally established in the form of law authorized legislation supervision system and in 2015 the newly revised "legislative law" on the new regulations also authorized legislation supervision of authorized legislation the supervision system has been improved. The subject of legislative supervision authority at present in China include: the NPC and its Standing Committee, the State Council, including the supervision of the National People’s Congress, ruling: filing and examination and approval, supervision standards including substantive review standards and procedures for review of standards."Legislative law" although the supervision system of authorized legislation was built, but the authorized legislative supervision system of our country there are still many problems, the subject of Supervision: defects of the NPC and its Standing Committee and the special non inherent single authorized subject, the lack of internal review of real control. For the mode of Supervision: the record review the lack of substantive examination only for the record, the main application range regulations ruling system failed to play a role, the legislative authorization approval system has not really established. The standard of review: in the substantive review, authorized period still longer, the scope of authorization is still large, lack of publicity and public participation in the authorization process.We analysis the status of legislative supervision authorization in China and put forward some suggestions on the existing problems. The subject of Supervision: the establishment of special committees, the supervision of authorized legislation on theestablishment of supervision of authorized legislation judicial review system and perfecting the internal supervision mechanism of the State Council within the National People’s Congress. The mode of Supervision: improve the record review system, expand the scope of application of the main law ruling, approved the establishment of the system of authorized legislation, the supervision standard: in the substantive review of the scope of authorization is limited, in the procedure of examination in perfecting the system of information disclosure and public participation.