试论授权立法的法律冲突及其解决途径

因为《立法法》存在缺陷 ,所以远不足以解决授权立法所引起的法律冲突。冲突成因在于授权主体的广泛性、授权期限、范围、授权标准不明确、超越授权立法以及监督不力。为解决这些冲突 ,应当限制授权主体范围、实行更严格的法律保留、坚持授权必要性原则 ,不同类型的授权立法应当确定不同的位阶 ,应当完善立法机关监督和裁决的机构、程序和标准 ,还应当建立司法审查制度和有效的违宪审查制度。

On the Conflicts by the Delegated Legislation and Its Solution

There are some defects in the law of legislation, so it can't be used to solve all the conflicts caused by the delegated legislation. The reason responsible for the conflicts lies in the wide range of delegating bodies, the uncertainty of the period, the range and the standard of delegation, and the lack of supervision on the delegated legislation. In order to solve such conflicts, we should limit the range of delegation bodies, apply more strict preservation of law, and insist the necessary principles of delegation. Meanwhile, we should set up different stages of law for different types of delegated legislation, and try to make the procedure and the standard of supervision and arbitration by the legislation perfect. Finally, we should establish the judicial review and the effective system to supervise the violation to the constitution.