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《立法法》对地方行政立法权限的概括规定,具有较大的弹性和不确定性,而且与地方性法规和部门规章的权限边界模糊。要确定地方行政立法的权限范围,应根据其立法权的来源不同分类探讨执行性、自主性和授权性地方行政立法各自的权限范围,并确立其与地方性法规权限划分的“事项性质”标准,与部门规章权限划分的“层级需要”标准。
The general provisions of the Legislation Law on the powers of the local administrative legislature have greater flexibility and uncertainty, and the boundaries between the powers and those of the local laws and regulations are vague. To determine the scope of authority of the local administrative legislation, the scope of authority of each of the executive, autonomous and empowering local administrative legislation should be explored according to the different sources of its legislative power, and the relationship between the authority and the local laws and regulations should be established. “Standard,” and “division of authority and departmental rules and regulations” level needs "standard.