中图分类号：D927 文献标识码：A 文章编号：
Problem Development and Path Interpretation: Evidence of Supervision Theory According to Law and Local Supervision Legislation
Zeng Zhe，Ding Junwen
（School of Supervision Law，Southwest University of Political Science and Law，Chongqing 401120，China)
Abstract：Based on the rule of law principle of "no authorization is prohibited by law", this paper examines the supervision practice of provincial supervision organs issuing illegal legal rank documents to adjust the relationship between civil rights and obligations, and then raises the system questions of the legitimacy, legality and rationality of local supervision legislation. When examining some questions of local supervision legislation, we should take the theory of supervision according to law as the basic premise of interpretation, and choose a long-term reference from two aspects of form source and substance content. Through the analysis of the cognitive differences of various theories of local supervision legislation, the basic position of compromise of local supervision legislation is established. In order to carry out the legitimacy and problem thinking of the constitutional system at the same time, and to take into account the nature of the central authority and the appropriate autonomy of the local supervisory organs, the legislative authority of the local supervision should be set on the executive legislative power and the limited creative legislative power, which should be proved from the three levels of logical configuration, normative basis and practical basis.
Key words：Supervision according to Law；Local Supervision Legislation；Supervision Rules； Legislative Allocation；Executive legislation