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官制立法是近代以来中国行政组织立法的第一种形态,其产生于清末变法,并持续至北洋政府时期,乃至延续至伪满洲国政权。官制立法模式是指以“官制”作为法律名称的行政组织立法形式。这种立法模式是近代日本官制立法影响的产物,其根源于近代普鲁士行政组织立法模式。官制立法模式在组织权归属上属于行政首脑,在立法体系上属于行政命令,在立法内容上包括组织、职掌和人员三个方面,在立法技术上以行政官厅或者行政官署为中心。官制立法模式既有与形式法治国观念相适应的一面,也有与实质法治国观念相抵触的一面。这种立法模式对当前行政组织立法具有一定的借鉴意义。
The official legislation was the first form of legislation of Chinese administrative organizations in modern times. It originated from the reform in the late Qing Dynasty and continued until the Beiyang government and even to the regime of the puppet Manchukuo. The official legislative model refers to the “official system” as the legal name of the administrative organization legislative form. This kind of legislative mode is the product of the influence of the modern Japanese government legislation, which is rooted in the legislative model of the administrative organization of Prussian in modern times. The official legislative model belongs to the chief executive in the ownership of the organization right, belongs to the administrative order in the legislative system, and mainly includes the administrative official hall or the administrative official office in terms of legislative technique from three aspects of organization, operation and personnel. The official legislative model not only has the side compatible with the concept of form law and state, but also contradicts the idea of substantive law and order country. This model of legislation has some reference to the current administrative organization legislation.