The current system of vertical legislative authorization faces the issue of expanding the scope of authorizing entities.The traditional hierarchical theory fails to explain the nature and normative requirements of vertical legislative authorization.Essentially,vertical legislative authorization is an exceptional way of allocating legislative power,based on the fundamental law-making authority of state institutions,with formal basis derived from the fallback jurisdiction clause of the highest state organ,and subjective legitimacy supported by the principle of"dual initiative".The foundational authority,democratic requirements,and constitutional conventions indicate that the authorizing entity must be the National People's Congress.However,Article 84 of the Legislation Law in 2023 expanded the authorizing entity to include the Standing Committee of the National People's Congress,which contradicts the original intent of the Constitution.The Legislation Law should adhere to the constitutional requirement that the authorizing entity for vertical legislative authorization must be the National People's Congress,and enhance the content design and structural arrangement of the current Article 84 in accordance with the requirements of normalization and systematization.
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