Research On Pilot Authorization Legislation

Since the reform and opening up,with the continuous emergence of new things and new contradictions,the existing laws are more and more difficult to meet the needs of the society.Faced with the dilemma of lagging legislation,the National People’s Congress and its Standing Committee adopted the method of "pilot authorized legislation" to test new laws at a specific time and within a specific scope,and to summarize and evaluate the effects after the pilot,and to upgrade the successful experience into the official national law.Article 13 of the Legislation Law(2015)officially confirms this new legislative method at the legal level in the form of "temporary adjustment or suspension of partial provisions of the law",which gradually alleviates the contradiction between reform and legislation.As a measure to coordinate the relationship between reform and legislation,"pilot authorized legislation" involves the transition and connection between old law and new law,old policy and new policy.At the legislative system level,the pilot authorized legislation raises a series of challenges: What is the limit of the pilot authorized legislation? What is the relationship between pilot enabling legislation and reform? How to safeguard its constitutionality? How to give play to the guiding and regulating role of legislation to reform.Under the guidance of the principle that "major reform is based on law",it will be an important task for us to grasp the balance between reform decision-making and legislative adjustment scientifically.At present,Chinese scholars mainly focus on the research of the system of pilot authorization legislation in the theoretical research and implementation process,lack of practical analysis of the system and the in-depth discussion of the problem solving countermeasures.This paper takes the relationship between reform and pilot authorization legislation as the main line,focuses on the practice of Chinese pilot authorization legislation,and based on the sample of authorization decisions in recent years,focuses on the following aspects: The first is to creatively sort out the operation mode of the pilot authorized legislation and explore the internal relationship between the reform and the pilot authorized legislation;The second is to propose and analyze the limits and constitutionality of legislative power exercise in the process of reform;The third is to put forward the feasibility plan of improving the pilot authorized legislation system from the aspects of legislation,implementation and supervision procedures.In essence,pilot authorization legislation is the product of reform and development.It provides legal support for reform and innovation,facilitates the deepening of reform,realizes that "all major reforms must be legally based",and escorts reform and development.Therefore,the study of "pilot authorization legislation" will play a positive role in promoting the need for legislation,legislative guidance and regulation of reform.