“后授权立法时代”之立法变迁——以《立法法》的修改为切入点

On the Legislative Changes of “Post Licensing Legislation Era”

《立法法》关于授权立法的修改,既有其特定的经济改革背景,又有立法机关对于多年授权立法实践的"自我反省"。在这次修改中,授权立法的法律文本有了较大的变化,旧《立法法》构建的授权立法的框架也有所突破。授权立法经过多年的实践,有了长足的发展,同时也出现了许多背离法治的教训。新《立法法》对于授权立法的重新设计,对授权不明确、无期限以及"变通规定权"等问题的修订,都是值得关注的问题。

The legislation of the legislative law on the amendment of the legislation, which has its specific background of economic reform and also includes the legislative practice of the legislative authority for many years, called ＂self reflection＂. In this amendment, the legal text of the authorized legislation has changed greatly, and the framework of the authorized legisla- tion in the old ＂legislative taw＂ has also been a breakthrough. After many years of practice, it has been developed, and there are many lessons from the rule of law. The new ＂legislative law＂ for the re design of the authorized legislation, the authorization of which is not clear, the time is not limited, as well as the ＂right to change＂ and other issues, are worth to focus on.