论文部分内容阅读
行政规章是有关国家行政机关依据宪法、法律和法规制定的具有普遍约束力的行政法律规范性文件的总称。根据制定主体不同,可以分为部委规章和地方规章。自现行宪法确认行政规章的法律地位之后,行政规章在我国社会政治、经济和文化领域中所产生的积极作用是有目共睹的。但是,行政规章在制定和执行过程中所出现的问题也日趋引人关注,有些问题已经直接影响到国家法制的统一和规章执行的实际效果。本文拟就有关行政规章的若干理论问题发表自己的看法,期与学术界同仁商榷。一、关于国务院直属机构是否有权制定部委规章我们知道,行政规章作为行政法的重要渊源之一,已成为行政机关依法行使职权须臾不能偏离的合法性依据。如果立法者大笔一挥注销所有现行的行政规章,那么行政机关在许多
Administrative rules and regulations are the general term for the normative documents of administrative law that are generally binding on the basis of the constitution, laws and regulations of the state administrative organs. According to different main body, can be divided into ministries regulations and local regulations. Since the current constitution confirms the legal status of administrative regulations, the positive role played by administrative regulations in the political, economic and cultural fields of our society is obvious to all. However, the problems arising in the formulation and implementation of administrative regulations are also drawing increasing attention. Some problems have directly affected the unification of the state legal system and the actual effects of the implementation of the regulations. This article intends to express my views on some theoretical issues concerning administrative regulations in the meantime to discuss with academic colleagues. I. As to whether the agencies directly under the State Council have the power to formulate ministerial rules We know that administrative rules and regulations, as one of the important origins of administrative law, have become the basis for legitimacy that administrative organs should not deviate from according to law. If lawmakers wave out all the current administrative rules and regulations, then the executive branch in many