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一、引言远古以来,各国行政机构一直发布着大大小小的抽象行政行为,其中有些在今天被称为“行政立法”活动。即使在现代西方式议会完全发展之后,“行政立法”也远未退出历史舞台。相反,在近几十年来发挥着越来越重要的作用,甚至有架空议会立法的趋势。虽然在等级上处于劣势,但行政立法行为在数量上是议会立法不能望其项背的。正如斯特劳斯教授指出,美国今天拥有:(1)一部人民批准的宪法;(2)上百项民选议会通过的立法;(3)上千项由政治
I. Introduction Since ancient times, the administrative agencies of various countries have promulgated abstract administrative acts of all sizes, some of which are called “administrative legislation” today. Even after the complete development of the modern Western parliament, “administrative legislation” is far from exiting the stage of history. On the contrary, it has played an increasingly important role in recent decades and even has the tendency of legislating overhead legislation. Although ranking is at a disadvantage, administrative legislation can not be counted in parliamentary legislation in number. As Professor Strauss pointed out, the United States today possesses: (1) a constitution approved by the people; (2) the laws passed by more than 100 elected members of the parliament; (3)