摘要
我国立法实践中有大量法律条款授权有关主体制定配套规定。总结和整理三十多年来所有授权条款,归纳其中的类型和样式,有利于全面直观了解我国法条授权状况。法条授权主要存在受权主体的指定不明确、授权措辞不严谨、授权要求不统一、授权时间限制缺失等问题。应尽量减少综合性授权,确立授权基本原则,并对受权主体以及立法时限等内容做出具体规定。
There were many legal clauses which delegated some relative subjects to make supporting legislation in Chinese practice of legislation.It is helpful to understand the whole situation of Chinese legal delegation by arranging all the delegating clauses and summarizing their types and forms in the past over thirty years.The problems of the delegating clauses were that the delegated subjects were unclear,the delegating wording was not rigorous,the delegating request was divergent and the time limits were absent. Legislation should reduce comprehensive delegation as far as possible,establish the fundamental principle of the delegation and stipulate the contents about the delegated subjects and the time limits of legislation specifically.
出处
《中国社会科学院研究生院学报》
CSSCI
北大核心
2012年第5期79-84,共6页
Journal of Graduate School of Chinese Academy of Social Sciences
关键词
授权条款
综合性授权
配套立法
delegating clauses
comprehensive delegation
supporting legislation
