授权立法的位阶探讨

我国应在制度上明确授权立法的位阶应与被授权机关制定的法文件的位阶相同。原因在于授权立法权是没权机关转移于被授权机关的；授权立法具有法律效力，不等于其位阶与法律相同；即使西方国家行政机关根据授权制定的法文件，与议会制定的法律位阶也不相同；经过授权机关批准的授权立法也不具有与授权机关制定的法文件相同的位阶；不能因为国务院根据特别授权制定的法文件需要报全国人大常委会备案，就认为它具有与法律相同的位阶。

On the status of the delegated Legislation

The status of the delegated legislation should be the same as the document inacted by the delegated de-partment, for the power of delegated legislation is transferred to the delegated .The delegated legislation has thepower of legal force does not indicate that it has the same status as congress legislation. In westerrn country, the documentinacted by the administrative organ is delgated the power by comgress. The delegated legislation is approved by thecongress does not raise its status .The fact that the statute isacted by the State Council according to the delegated powerneed to put on record does not indicate that the statute has the same status as the congress legislation.