行政立法的合法性审查探析

Examining on Validity of Administrative Legislation

建立有效的行政立法之合法性审查机制是解决日益严重的行政立法冲突的唯一途径。这种机制之正当性则渊源于正义论等原理和法制等原则。目前,世界上存在议会审查、司法审查和专门审查等三种合法性审查体制,就我国而言,建立全国人大领导下的专门审查机制具有较强的现实可行性。

It is the only practicable solution to the conflicts between the administrative legislative legislation to establish an effective legal review mechanism of administrative legislation, which originates from the principles such as justice theory, legal system and etc.. So far legal review mechanisms of the administrative legislation that have appeared in the history are parliamentary review, judicial review and special review. Considering the special situation in our country＇ s constitutional system, there is a little probability of establishing a special review mechanism led by the National People＇s Congress.