本文试将关于我国行政法规的概念、特征及分类的论述中存在的问题作为出发点,从宪法解释的角度,分析和阐述国务院制定行政法规的宪法依据。从而明确国务院制定行政法规的宪法意义,分清法律和行政法规的宪法地位,以便得到对行政法规的明确认识。 This paper tries to take the problems existing in the conception, characteristics and classification of the administrative regulations of our country as the starting point, and analyzes and elaborates the constitutional basis of the administrative regulations formulated by the State Council from the angle of constitutional interpretation. So as to clarify the constitutional significance of formulating administrative regulations by the State Council, clarifying the constitutional status of laws and administrative regulations in order to obtain a clear understanding of administrative regulations.