论我国立法被授权主体的扩容——以授权上海制定浦东新区法规为例

On Expanding the Scope of Delegated Legislative Subjects in China——Taking the Authorization of Shanghai to Formulate Pudong New Area Regulations as an Example

《中华人民共和国立法法》及相关法律只规定国务院和经济特区所在地的省、市人大及其常委会可作为立法被授权主体。这种狭窄的立法被授权主体范围,难以适应改革开放的现实要求。随着改革的深入,国家赋予许多地方先行先试的政策,各地对授权立法的需求也越来越迫切。为了顺应法治建设的专业化、精细化趋势,以及提高立法规范供给效率,扩大立法被授权主体范围,尤其向改革一线的主体进行立法授权,使其能够进行变通型立法,已成为必然。为此,必须完善相关法律,将更多主体纳入立法被授权主体范围,赋予其变通型立法权限,并明确授权立法的条件、监督方式等,使授权立法活动在法治的轨道上运行。

The Legislative Law and related laws only regard the State Council and the people’s congresses and their standing committees of the provinces and municipalities where the special economic zones are located as the delegated legislative subjects. The narrow scope of the delegated legislative subjects is difficult to adapt to the practical requirements of reform and opening-up.With the further commitment to the reform, the state has implemented pilot policies in many places, and thus the local need for delegated legislation is becoming more and more urgent. In addition, the trend of professionalization and refinement in the development of rule of law and the demand for the efficiency of supplying legislative rules, require the expansion of the scope of the delegated legislative subjects,in particular, the authorization of legislative power to the subjects on the front line of reform to enable them to pass legislation with provisions mutatis mutandis. Therefore, it is necessary to improve relevant laws in terms of expanding the scope of delegated legislative subjects, including more subjects into the scope of delegated legislative subjects, endowing them with power of pass legislation with provisions mutatis mutandis, and making clear the conditions and supervision of delegated legislation so as to make delegated legislation run on the track of rule of law.