On China's Enabling Legislation

In a verb meaning, delegated legislation is a legislative action that legislature gives its own legislative power to another organ which can undertake legislative responsibility and make laws. In a noun meaning, delegated legislation are normal legal documents that are made by granted organs according to granted power.The conception of delegated legislation is one of the differences that (are) discussed by scholars in our country in the field of delegated legislation. The status of delegated legislation is another focus to the scholars, and many theories appear, such as theory of procurator, theory of special rule and theory of transformation. The main reason of the differences is that they mix up the status and validity of delegated legislation. The validity of delegated legislation is a kind of binding force to persons, things, period and district. But the status of delegated legislation is a kind of status that is fixed on legal system in our country. It should adapt to the status of the granted organ in the system of apparatus of state.Delegated legislation in our country has passed three stages form its appearance to nowadays. Now delegated legislation has many kinds of forms, such as administrative laws and regulations, local laws and regulations, specific regulations, administrative rules and other standardized document. A united and fixed system of delegated legislation not having been set up, many differences existing, perfective terms not having been provided. They all make the practices of delegated legislation having many problems in delegated organs in granted organs and in rules of delegation.Delegated legislation has played an important role for the development of reforming and opening and socialist market economy. Without united and fixed system there are many problems in the field of delegated legislation. In a long ran, we must set up united and fixed system to perfect our delegated legislation. First, delegated bodies must be definited. It's to say that delegated bodies should be state organs with requisite qualifications, which can give its own legislative power to another organ. In our country, delegated bodies must be fixed on the national people's congress and its standing committee and the provincial people's congress and its standing committee. Second, To definite granted bodies must abide by some principles. Granted bodies, with legislative power should be the branch organs or restrictive organs of delegated bodies. Granted bodies can't transmit its delegated power. Third, delegated bodies' making rules of delegation and legislation of granted bodies' according to the delegated power should be restrained in substance and procedure. In the process of delegated legislation both the action of delegated power and the action of making laws should abide by the system of delegated legislation. Especially granted bodies' making laws must be supervised and controlled. Simultaneously, some special problems must be made concrete analysis, such as delegated legislation of the State Council and special economic zone.