| In order to effectively solve the special problems that exist in the reality of governance in each region and effectively provide support for the development of the rule of law everywhere from the perspective of comprehensively deepening reform,as a new form of local legislation,the regulations of Pudong New Area are written into the legislative law as an important institutional achievement of the innovation and development of the national legislative system,and this provision provides a solid legal basis for regional legislative activities.From the perspective of strict legalism,the scope of authorized subjects of legislation is still strictly limited.The delegated legislation of the Pudong New Area regulation needs a legitimate basis,which not only meets the urgent realistic demand of the developed regions for the delegated legislation,but also meets the basic requirements of the current specialization and refinement of the legislative activities,helps to solve the outstanding contradiction of the efficiency of the legislative norm supply,and can also accumulate advanced experience for China in the new period and new journey to promote the high level of opening up to the outside world.In order to promote the authorized legislative activities on the track of the rule of law,how to solve the conflict between the authorized legislation and the legal normative system needs to be clarified,and the nature,rank and scope of authority of the Pudong New Area regulations need to be further discussed and improved.This paper analyzes China’s delegated legislation system through the study of the regulations of Pudong New Area,and proposes the improvement path for the specific problems of this system.Firstly,this paper clarifies the concepts of "delegated legislation" and "legal rank";secondly,it clarifies the nature of the regulations of Pudong New Area;the author believes that the nature of the regulations of Pudong New Area is delegated legislation,and its effect is similar to that of the highest state The effect is similar to that of the previous legislation delegated to the Special Economic Zone by the highest state authority.Moreover,the authorization of legislation for the Pudong New Area is an experimental and adaptable attempt in the matter of national legislation.Since adaptability and experimentation are means and ends,and the two are compatible in structure and function,the vast majority of adaptable legislation outside of autonomous legislation is undoubtedly experimental.Again,the discussion on the legal status of Pudong New Area.At present,the definition of the legal status of Pudong New Area is still controversial in the theoretical circles.In this regard,we can refer to the overseas regulations on the status of similar laws and regulations,combine with our local legislative practice to analyze the legal status theory in depth,and clarify the legal status of Pudong New Area from the perspective of the legal status of special laws and regulations;finally,the problems of the delegated legislation system and suggestions for improvement.Because of historical,objective and subjective reasons,the delegated legislation system has narrow scope of subjects,lack of rigor in procedural design,conflict in division of authority,unclear conditions and timing of authorization,imperfect supervision.Based on the strong practical needs,it is necessary to take Pudong New Area as a typical example to clarify the improvement path of the delegated legislation system,to expand the authorized subjects of legislation,and It is necessary to take the variant legislation as the main legislative mode of authorized legislation,adopt the batch list type authorization,and clarify the conditions and timing of delegated legislation,innovate the supervision mode of authorized legislation,and implement the supervision policy of leniency and severity. |
