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在我国,行政机关的委任立法权或制定行政法规和行政规章等规范性文件的权力几乎是无所不在的,涉及社会、政治、经济、文化教育等各个领域.在市场经济条件下,一方面要承认行政机关行使委任立法权的必要性,另一方面必须找出限制委任立法权的措施和方法.从委任立法关系上看,一方面立法机关的授权法在授予行政机关制定什政法规和规章的权力时,缺少严格的限制.由授权法授出的权力本身在授权法上找不到限制,这就难免会出现滥用授权的现象.另一方面,行政机关制定的许多规范文件在宪法和法律上没有依据.在没有授权法的条件下制定行政法规和规章等规范性文件的现象在我国极为普遍.这是一个值得引起法律界和法学界高度重视的问题.从
In our country, the power of the executive authorities to appoint the legislative power or to make the normative documents such as the administrative regulations and the administrative rules and regulations is almost omnipresent, covering various fields such as society, politics, economy, culture and education, etc. Under the condition of market economy, on the one hand, On the other hand, it is necessary to find out the measures and methods that restrict the appointment of legislative power.On the basis of appointing legislative relations, on the one hand, the authorization law of the legislature, on the one hand, gives the administrative organ the power to formulate the rules and regulations Power, the lack of strict restrictions by the power granted by the power law itself can not find the restrictions on the authorization law, which will inevitably be the phenomenon of abuse of authority.On the other hand, the administrative organs to develop many norms in the Constitution and laws There is no basis for the development of normative documents such as administrative regulations and rules in the absence of a law of authority is extremely common in our country.This is a problem worthy of the attention of the legal and legal circles.