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第一条 根据国务院颁布的《卫星电视广播地面接收设施管理规定》(以下简称《管理规定》)第十三条规定,制定本实施细则。 [释义]本条是关于本实施细则立法依据的规定。 立法依据是指法律、法规依据什么而制定的。具体来讲,我国法律、法规必须以宪法为依据,不得与之相抵触。本实施细则是根据《卫星电视广播地面接收设施管理规定》第十三条的规定而制定的。该条规定:“本规定的实施细则由国务院广播电影电视行政部门商有关行政部门制定。”这实际上是一种法定授权,即由行政法规明文规定由广播电影电视部商
Article 1 These Regulations are formulated in accordance with Article 13 of the Regulations on the Administration of Ground Receiving Facilities for Satellite Television Broadcasts promulgated by the State Council (hereinafter referred to as the “Administrative Provisions”). [Interpretation] This section is about the legislative provisions of these Regulations. Legislative basis refers to the laws and regulations on what basis. Specifically, our laws and regulations must be based on the Constitution and must not be in conflict with them. These Regulations are formulated in accordance with the provisions of Article 13 of the Regulation on the Administration of Terrestrial Receiving Facilities for Satellite Television Broadcasting. This article states: “The implementation details of these Provisions shall be formulated by the relevant administrative departments of the radio, film and television administration department under the State Council.” This is actually a statutory authorization, that is,