授权立法的正当性质疑

授权立法职能极度膨胀,立法范围过于广泛,立法权深度过大,已经成为一个世界性的法律问题。授权立法的正当性缺陷主要表现为三个方面:一是人民性不足;二是导致立法权与执法权由同一机关行使;三是导致权力的被授予者再度将权力授出。立法权的泛化倾向和立法权主体的多元化,将导致人民失去对法律的控制的后果,法律自身会因为过分顾及集团利益而偏离人民性,法律体系也会因利益主体和立法主体的多元化而影响其统一性。

Query on the Justifiability of Authorized Legislation

The legal problems that the function of authorized legislation has extremely expanded, the scope of legislation is too broad, and the legislative power is too deep have been world-wide. The defects in justifiability of authorized legislation express as follows: being lack of the character for the people; as the result, the legislative power and the executive power are performed by the same organ; and correspondingly, the authorized authorizes the legislative power to a third organ. The generalization of the legislation power and the multiplicity of the subjects will lead to the result that people lose control of the law. The law will diverge from the nature of for the people with over-considering the group interest, and the unity of legal system will be influenced because of the multiplicity of profit subjects and legislative subjects.