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政府立法,在我国特指享有宪法、法律规定的立法权的国家行政机关的立法,主要包括国务院制定的行政法规,国务院各部委制定的部门规章,省、自治区、直辖市和较大的市的人民政府制定的地方人民政府规章。现行《立法法》对政府立法权的规定较以前的法律法规的规定有所完善,但在理论与实践中,有关政府立法权问题的认识仍然存在不足之处,因此,有作深入思考与探讨的必要。
The legislation of the government refers specifically to the legislation of the state administrative organs enjoying the legislative power stipulated by the Constitution and laws in our country, which mainly includes the administrative regulations formulated by the State Council, the departmental rules and regulations formulated by the ministries and commissions under the State Council, the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government and the larger cities The local people’s government regulations formulated by the government. The existing “Legislation Law” provides more provisions for the legislative power of the government than the provisions of previous laws and regulations. However, in theory and practice, there are still some shortcomings in the understanding of the issue of the legislative power of the government. Therefore, it is necessary to make deep consideration and discussion Necessary.