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立法是拥有立法职能的国家机关按照法定的原则和程序生成具有法律意义的规范性文件的活动。立法权是立法主体从事立法活动的依据和基础,从这个意义上说,立法就是立法主体行使立法权的活动,因此,研究立法问题首先应当对立法权的概念作出解释。然而在立法理论上,关于立法权的概念众说纷纭。笔者认为,关于立法权概念的各种理论观点,均可以归结为三种类型的观念:结构主义的立法权、职能主义的立法权和限定主义的立法权。本文拟对存在于各种立法制度之中的、蕴涵于立法权概念之内的立法观念及其立法内容进行评述与探讨。
Legislation is the activity of a state organ that has a legislative function to generate legal normative documents in accordance with statutory principles and procedures. The legislative power is the basis and basis for the legislative body to engage in legislative activities. In this sense, the legislation is the activity that the legislative body exercises the legislative power. Therefore, the research on the legislative issue should first explain the concept of legislative power. However, in the legislative theory, there are different opinions on the concept of legislative power. The author believes that various theoretical views on the concept of legislative power can be attributed to three types of concepts: structuralist legislative power, functionalism legislative power and restrictive legal power. This article intends to review and discuss the legislative concepts and the contents of legislation that exist in the various legislative systems and are implicated in the notion of legislative power.