Study On The Principle Of Authorization Clarity

The principle of clarity of authorization is a basic legislative principle aimed at the control and supervision in the application process of legislative authorization,and its normative role in the legislative system has been recognized by both legislators and scholars.However,for the research object authorization legislation,the scope of its definition has been more controversial.For example,the debate on the concept of authorized legislation and authority legislation,and the discussion on whether the authorization belongs to the form of authorized legislation.This paper does not intend to demonstrate the above issues,but from the current legislative provisions to delimit the object of study.Since China’s Legislation Law defines the statutory form of delegated legislation as delegated decisions,the research object of this paper is those delegated decisions with the transfer and grant of legislative power promulgated by the legislature in the current legislative practice.And specific research methods of this article is in the constitution in 1954 since China enacted by the legislature of the authorization decision as sample data for statistical analysis,in the legislative law of 9to 13 determine the clarity rule in authorization as sample analysis to discuss the clarity rule in authorization in the system of authorized legislation in our country how to perfect the related problem.Through the above analysis,it can be seen that there are three problems in the application of the principle of clarity of authorization in legislative practice,which are as follows: 1.The authority between authorization and authorized subject is not clear;2.Second,authorization elements are not fully complied with.As for the scope of authorization,the principle of legal reservation has not been stipulated in detail,and the element of authorization period has not been applied in accordance with the provisions.Third,the report supervision system is not complete,and even does not stipulate the corresponding evaluation conditions for re-enacting the law.In this regard,this paper puts forward the corresponding improvement countermeasures from two aspects.First,from the normative perspective,it is suggested to formulate the Authorization Law to standardize the authorization behavior in the form of specific rules.Second,by clarifying the differences between China’s delegated legislation and other countries’ delegated legislation,based on the legislative environment of our country,taking the structural function of the constitution as the core value and the principle of clarity of authorization as the normative core,we should improve the delegated legislation system of our country with the external manifestation of the delegated law.