Research On The Authority To Formulate Departmental Regulations

As an integral part of central legislation,departmental regulations have always played an indispensable role in my country.As an important means of administrative management,departmental regulations have significantly increased the number of regulations formulated by the State Council departments each year,effectively alleviating the dilemma of unfounded law in some administrative management fields.However,the authority problems faced by the departmental rules during the formulation process are also constantly highlighted,which seriously affects the implementation and application of the rules.Therefore,it is necessary to study the theory,norms and status quo of the current departmental rules and regulations.This article takes the revision of the "Regulations on Energy Conservation Management of Civil Buildings"(Order No.143 of the Ministry of Construction)as an example,and mainly discusses the contents of four chapters.The first part is an overview of the authority to formulate departmental regulations,and specifically introduces the concept,The main body and scope,and summarize its attributes and practical significance;the second part is the status quo of the authority to formulate departmental rules and the problems in practice,focusing on the analysis of the authority of departmental rulemaking from the constitution,legislative law and other individual laws.The source of law and theoretical disputes,and the revision of the "Civil Building Energy Conservation Management Regulations" as an example,summarized the current departmental regulations in the legislative practice of conflict formulation,repeated formulation,and unauthorized formulation of authority issues;The third part is the analysis of the reasons for the problems in the authority of departmental rules and regulations,and the reasons are analyzed from the aspects of legal regulations,related standards,legislative techniques,and supervision measures.The fourth part is suggestions for improving the authority of departmental rules and regulations,and this part serves as the entire article On the basis of the analysis of the third part of the reason,by drawing on foreign legislative experience,some suggestions for improvement are initially put forward,in order to solve the power dilemma faced by the State Council departments in the practice of rulemaking.