授权立法中的被授权机关问题研究

A Study of Authorized Department in Authorizing Legislation

确立被授权机关的范围是完善授权立法的基本问题之一。确立被授权机关的原则是被授权机关应当是享有立法权的机关,应是立法机关的制衡机关或其下属机关。我国在确立被授权机关上存在的主要问题是:无立法权的机关、部门或地方获得了立法授权;在特别授权中,对被授权机关的确定具有某种随意性。解决问题的方法是:明确规定我国的被授权机关应当是具有立法权的国家机关;应当审慎对待向地方机关的特别授权。

To determine the scope of the authorized department is the basic step toward perfectness of authorizing legislation. The priciple in the determination of the authorized department is that the authorized department must have the power of legislation and it must be the check and balance department or the subordinate department of the legislation department. There are some problems in the detmermination of the authorized department in our country. One is that the department which has no legislative power has acquired the power, the other is that there is some certain randomness in the determination of the authorized department in our country.