行政立法的性质一直是法学界存在争议较多的问题,有的学者认为是职权立法,有的认为是授权立法,分歧就在于,“行政立法权”到底是行政机关固有的,还是被授予的。笔者认为,清楚地认识行政立法的性质是研究关于行政立法一切问题的基础,不仅可以帮助我们厘清“行政立法权”到底是政府固有的权力还是被授予的权力,从而使政府在法律的框架内更好地履行行政管理职能,而且还可以完善我国的法治理论,加快推进法治国家的建设。纵观国内学者对于行政立法性质的研究,无不束缚在行政法学或宪法学的框架内。笔者试图打破法学这个桎梏,另辟蹊径,从政治学的角度一窥中国行政立法性质的究竟。 The nature of the administrative legislation has always been a controversial issue in the legal scholarship. Some scholars think that it is the legislation of the authority and some think it is the authorization of the legislation. The difference lies in whether the “executive legislative power” is inherent in the executive or is Granted. The author believes that clearly understanding the nature of administrative legislation is the basis for studying all issues concerning administrative legislation. It not only helps us to clarify whether “administrative legislative power” is inherent in the government or is given the power to enable the government in the legal Within the framework, it can better perform its administrative management functions, but also improve the theory of the rule of law in our country and accelerate the building of a country ruled by law. Looking at the domestic scholars on the nature of the study of administrative legislation, all bound in the framework of administrative law or constitutional law. The author attempts to break the shackles of jurisprudence, another way, a glimpse of the nature of China’s administrative legislation from the political science point of view.