Cognitive Update Of Executive Legisl-Ation Of The State Council

Executive administrative rules and regulations are the existence of the highest rank in executive legislation.Executive administrative regulations,as an integral part of administrative legislation,are mainly based on the academic topic of legislative power of the state council.As for the definition of the legislative power of the state council,the academic circle has focused on the theoretical level.The existing theoretical research forms the following theoretical propositions:first,the state council’s formulation of implementation measures/rules/regulations is an executive legislation.Second,executive legislation is not an authority legislation.Thirdly,executive legislation should not contain creative content.Through the empirical study of the legislation text of executive administrative regulations,this paper has formed the following understanding:According to the conflict criterion of executive legislation,the state council’s expression of "harmony"in accordance with the constitution and law should be understood as"juxtaposition".The scope of "basis"is greater than"basis";"Violation"shall be construed as"explicit violation";"Conflict"should be understood as"explicit vio ation".On the characteristics of executive legislation:Firstly,"executive legislation"should be understood as a compound noun concept.Secondly,the legislative powers of the state council in essence include two legislative contents:executive legislation and creative legislation.Executive administrative rules and regulations have their own independence,which is limited to the contents related to the subject of legislation in accordance with the law but not yet stipulated in accordance with the law.Thirdly,execution legislation and creative of legislation,the relationship between the four functions and powers authorized legislation and legislation may this statement:to strictly limit the concept of authorized legislation in the legislative law in the sense of"authorized legislation background,execution legislation of creative legislation are contained in the content,functions and powers legislation may formulate contains creative execution legislation,the legislative content execution legislation does not belong to the legislative provisions of authorized legislation.