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The supervision system of delegated legislation

Author: LiChengBin
Tutor: DongMaoYun
School: Fudan University
Course: Legal
Keywords: Delegated legislation Supervision system Improve the system
CLC: D920.0
Type: Master's thesis
Year: 2011
Downloads: 88
Quote: 0
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Abstract


The 20th centuries , the delegated legislation in the world within the widely established and developed to become an important part of the system of national legislation , but also an important means to strengthen the administration of government . Establishment of delegated legislation , on the one hand, broke through the classical constitutional theory , on the one hand and fixes the separation of powers doctrine . However, due to the continuous expansion has been authorized by the powers of the legislative government , the beginning of the controversy from the delegated legislation challenged by the people 's sovereignty and the constitutional principle of separation of powers , the supervision of delegated legislation became necessary . Legislative practice in China , enabling legislation to rapid development . The face of this trend , the control system of the delegated legislation is not fully established , contradictions and confusion in theory and practice . In this regard the establishment of effective supervision system of delegated legislation become inevitable delegated legislation is reasonable and orderly development . This paper discusses the emergence and development of the delegated legislation under the premise , based on the country 's legal system and specific national conditions , parse through comparative research theory and practice of the control system of the western countries delegated legislation , which authorized legislation of our country The perfect make recommendations . In this paper is divided into four parts : The first part is authorized the production of legislation , and authorized the relationship between the legislative and constitutional analysis , expounded the social basis of delegated legislation and the challenges of the people 's sovereignty and power discrete , and thus leads to the legislation on the authorization the need for supervision and control . Western countries , the second part of the authorization system of legislative oversight Exploration focus on analysis of the specific content of the supervisory review of delegated legislation and national oversight mechanisms , through a comparative study , perfect for our authorized legislative oversight mechanisms to provide effective Experience . The third part through the introduction of Delegated Legislation development , analysis of the legislative provisions of the Delegated Legislation , pointed out that China's current authorized legislative oversight exists . Analyzes Delegated Legislation supervision of the main mode of supervision and oversight procedures . The fourth part Delegated legislative monitoring system , and made ??a number of suggestions for improvements . Perfect from the supervision of the principal , the mode of supervision and oversight procedures .

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CLC: > Political, legal > Legal > Chinese law > Theory
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