授权立法已成为现代国家立法不可缺少的一个重要内容,它在各国的法律制度中发挥着越来越重要的作用,本文试从各国授权立法的理论与实践方面对授权立法这一法律制度作点粗浅的研究。一、授权立法的涵义授权立法(也叫委任立法)是指立法机关通过法定形式授权其他有权机关(主要是行政机关)在其授权范围内代立法机关制定与法律同等效力的法规的立法活动。授权立法有下面几个特点:第一,这种立法权本来是属于立法机关的,是立法机关将自己的权力授予了其他机关。第二,被授权机关根据授权立法权制定的法规其效力等级应当同法律处于一个位阶上。这就意味着,授权立法的规定与法律的规定不同时,应根据特别法优于普通法,新法优于旧法的原则解决法律适用问题。当然前提是这个授权立法是合法有效 Authorized legislation has become an indispensable part of legislation in modern countries. It plays an increasingly important role in the legal systems of all countries. This article tries to make some suggestions on the legal system of authorizing legislation in the theory and practice of various countries’ Superficial research. First, the meaning of authorized legislation Authorized legislation (also known as Appointed Legislation) refers to the legislature by statutory authority to authorize other organs of authority (mainly administrative) within the scope of its authority to legislature on behalf of the legislature to develop laws and regulations with legislative effect on legislative activities . Licensing legislation has the following characteristics: First, this legislative power originally belonged to the legislature, and the legislature granted its own power to other organs. Second, the level of effectiveness of the statutory body authorized by the authorized organ under the power of authorizing legislative power should be on the same level as the law. This means that when the provisions of the authorized legislation are different from the provisions of the law, the application of the law should be settled on the principle that the special law is superior to the common law and the new law is superior to the old one. Of course, the premise is that this authorized legislation is valid