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西方国家强调行政立法的授权性,而我国现行体制强调行政立法的职权性,由此形成两种行政立法体制。通过对我国宪法的解读,发现授权体制在我国具有宪法基础。而从补足行政立法的正当性、限制其任意性、增强其灵活性等方面考虑,也有必要实现职权体制向授权体制的转变。通过对授权明确性原则的从宽掌握,这种转变也是可行的。
Western countries emphasize the empowerment of administrative legislation, while the current system in our country emphasizes the power of administrative legislation, thus forming two systems of administrative legislation. Through the interpretation of our constitution, we find that the authorization system has the constitutional foundation in our country. However, it is also necessary to realize the change of the system of authority to the system of authorization from the perspectives of making up the legitimacy of administrative legislation, limiting its arbitrariness and enhancing its flexibility. Through a broad grasp of the principle of clarity of delegation of authority, such a shift is also feasible.