行政立法要有“根据”，这是宪法和组织法（指国务院组织法、地方各级人民代表大会和地方各级人民政府组织法，下同）规定的。但在行政立法实践中，没有“根据”而制定行政法规和规章的现象时有发生，有权监督的机关似乎也没有制止。有些学者还认为，对某些事项，没有“根据”? Administrative legislation must have “basis”, which is stipulated in the Constitution and the Organic Law (referring to the Organic Law of the State Council, the Local People’s Congresses at various levels and the local people’s government at various levels, the same below). However, in the practice of administrative legislation, the phenomena of formulating administrative regulations and rules without “basis” have occurred from time to time, and the organs that have the power to supervise appear to have failed to stop it. Some scholars also believe that there is no “basis” for certain issues?