| The National People’s Congress and its Standing Committee delegate administrative legislation through decision-based authorization and statutory authorization. The former is strictly regulated by the Legislation Law while the latter is not subject to even the fundamental regulation and restraint. In China’s legislative practice, statutory authorization is extensive and numerous, covering far broader and more complex matters than decision-based authorization and it is also difficult to distinguish between creative and executive authorized legislation. Regulating statutory delegated legislation has become a crucial issue in the construction of a law-based state. Particularly, creative statutory delegated legislation, which affects the rights and obligations of interested parties, requires special regulation. Statutory delegated legislation on matters relating to legal reservations provided for in the Constitution and laws should be regulated in accordance with the provisions on decision-based authorized legislation in the Legislation Law. For statutory delegated legislation arising from the enactment of laws, the provisions of the Legislation Law on decision-based delegated legislation should apply mutatis mutandis. To regulate the act of delegated legislation and prevent excessive delegation, the principles of necessity, clarity, and prudence should be adhered to in statutory delegated administrative legislation. |
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