关键词: 授权立法, 《中华人民共和国立法法》, 经济特区法规, 浦东新区法规, 海南自由贸易港法规

Abstract: Driven by the practical needs of reform and socio-economic development, delegated legislation serves as a secondary adjustment to existing legislative power, and has become a crucial mechanism for balancing the stability of the rule of law with the transformative nature of reforms. Since 1955, when the National People’s Congress (NPC) authorized its Standing Committee to formulate special laws as needed, China’s system of delegated legislation has undergone significant development. The scope of authorization has expanded to include additional entities, such as the State Council, the people’s congresses and their standing committees of provinces and cities that host special economic zones. The 2023 revision of the Legislation Law of the People’s Republic of China was designed to proactively accommodate the needs of comprehensive deepening of reform, clarified relevant issues concerning delegated legislation, and established new forms such as the Regulations  of China Pudong New District and the Hainan Free Trade Port regulations. Overall, delegated legislation in China encompasses three main categories: internal delegation, horizontal delegation, and vertical delegation. To further advance the objectives of deepening reform, it is essential to maximize the practical value of each type, and address the constitutional and legal risks encountered in practice. To systematically optimize the delegated legislation framework, it is necessary to strictly regulate the delegation procedures, appropriately broaden the range of authorized entities, scientifically define the scope of delegation, and improve mechanisms for supervisory oversight. These measures will promote the harmonious integration of the rule of law and reform, thereby enabling legislation to play a more effective guiding and driving role.

Key words: delegated legislation, Legislation Law of the People's Republic of China, Regulations of Special Economic Zone, Regulations of China Pudong New District, Hainan Free Trade Port regulations