《归侨侨眷权益保护法》授权立法条款设置论析

The Law of the People's Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Family Members and Its Delegated Authority

论文以《中华人民共和国归侨侨眷权益保护法》授权立法条款的设置作为考察对象,分析探讨了明示授权立法与默示授权立法两种类型、授权立法条款设置的必要性及价值以及授权立法条款设置的实施效果;并针对《中华人民共和国归侨侨眷权益保护法》授权立法条款在立法技术上存在的诸如默示授权条款过多、可操作性差等问题,提出了需要在授权主体、授权内容等方面进一步修改完善的意见。

The Law of the People＇s Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Family Members was promulgated in 1990 and revised in 2000 by the Standing Committee of the Chinese People＇s Congress. The law is supposed to delegate its authority to executive bodies at the central level to enact and to legislative bodies at the local level to draw up further regulations for its local implementation. However, many clauses of this law fail to clearly define the bodies that would receive authority for implementation, thus creating ambiguities and confusion. The article analyzes this glaring legal flaw and suggests ways to improve it.