质疑“规定行政措施”

Doubts of the Stipulation of Administrative Measures

我国宪法和地方政府组织法授权国务院和县级以上地方各级人民政府可以规定行政措施,该项权力的内涵易生歧义,且与法治行政的若干理念、原则与制度格格不入。宪法和组织法应删除规定行政措施的内容,将其归属于行政立法权和决定、命令制定、发布权范畴内,依法理顺行政机关抽象行为权的内部秩序。

The constitution of China and the organic law of local governments authorize that the State Council and the local governments above the county level can stipulate administrative measures. The meaning of this authority is ambiguous and does not obey the ideas, principles and systems of administration by rule of law. Therefore, these rules that provide the authority should be deleted from the legislations, and be incorporated into administrative legislation authority and decision - making and publishing power, through which the internal order of the administrative abstract acts could be rationalized.