An Empirical Study On The "Pilot Authorization" System In Article 13 Of The Legislative Law

As an innovation of the rule of law,the "pilot authorization" system stipulated in Article 13 of the Legislative Law(2015)integrates the reform and development into the development of the rule of law by temporarily adjusting or suspending the application of some laws,so as to promote the reform and development of the country and improve the construction of the rule of law.With the "pilot authorization" system applied to the establishment of legislation and today’s wide application,more and more scholars study the system.The existing literature research mostly focuses on the theoretical nature and discusses the legislative theoretical basis of the establishment of the system.However,in practice,the system has a wide range of applications.The application of the system not only makes the major reform based on the law,but also alleviates the social contradictions of the country,meets the needs of local legislation,and improves the problems existing in the legislative technology itself by means of practical implementation question.Firstly,through the analysis of the theoretical concept and text materials of the "pilot authorization" system,this paper clarifies the characteristics of the system and the specific path of the implementation of the system,and finds that there are some problems in the theoretical concept and implementation of the system,such as the unclear authority of the main body,the unclear nature of the law,the applicable period,the scope of the applicable area,and the applicable adjustment of legal matters According to the law,the application forms of documents are illegal and nonstandard,the formulation time is long and the effectiveness is low,and the formulation and implementation of supporting measures are imperfect.But at the same time,it is found that the system is mainly applicable to the reform of the administrative examination and approval system,the reform of the judicial system,the reform of the administrative management system,the reform of national defense and the army,and the reform of state institutions.The reform of these five major issues involves the vital interests of the people and the social governance of the country.On the one hand,improving the legislation and innovating the construction of the rule of law system by means of practical test is conducive to solving the imbalance and inadequacy between the rule of law and social development;on the other hand,by authorizing local "innovative legislation",the relationship between the central and local governments is coordinated to a certain extent and regional coordinated development is promoted.As an innovation of the rule of law,it is inevitable that there are defects in the formulation and implementation of the "pilot authorization".In view of the problems in the theoretical and practical implementation of the "pilot authorization" system,we can find a feasible scheme to improve the system from the aspects of legislation,implementation and supervision procedures.In short,based on the theoretical concept of the "pilot authorization" system,the analysis of the implementation status and problems,this paper puts forward suggestions on the improvement of the system from the aspects of legislation,implementation procedures and supervision procedures,hoping to standardize the "pilot authorization" system to improve the implementation of reform matters and maintain the harmony of the legal system.