1.国务院部委制定的规范性文件经国务院批准后,其法律效力如何,是属于行政法规还是属于部委规章?地方在制定地方性法规的时候,要遵循“不抵触”原则,即不与法律、行政法规相抵触。但实践中经常遇到这样情况,国务院部委制定的规范性文件经国务院批准后以部委自己的名义公布实施,此时,其法律地位如何,是行政法规还是部委规章,是需要明确的问题。如果属于行政法规,那么是制定地方性法规的依据;如果属于部委规章,就不是依据,可以仅作为立法的参考。如经国务院批准由国家保密局发布的《中华人民共 1. When the normative documents formulated by ministries under the State Council are approved by the State Council, are their legal effects attributed to administrative regulations or to ministerial rules? When local laws and regulations are formulated, local governments must follow the principle of “non-conflict” Laws and administrative regulations contradict. However, in practice, we often encounter such a situation. The normative documents formulated by ministries under the State Council, after being approved by the State Council, are promulgated and implemented in the name of ministries and commissions. At this time, the legal status is whether it is an administrative law or a ministerial regulation, which is a problem that needs to be clearly defined. If it belongs to administrative regulations, then it is the basis for formulating local laws and regulations. If it belongs to the ministerial rules and regulations, it is not a basis and can serve as a reference for legislation. If approved by the State Council issued by the State Secrecy Bureau, “the Chinese people.”