Legal basis: Article 89 of the Constitution of People's Republic of China (PRC). As the highest state administrative organ, the State Council can "prescribe administrative measures, formulate administrative regulations and issue decisions and orders in accordance with the Constitution and laws." Therefore, the formulation of administrative regulations is an important authority entrusted to the State Council by the Constitution, and it is also an important means for the State Council to promote reform and opening up, organize economic construction, and realize national management functions.

People's Republic of China (PRC) legislation law

Article 9 Where the matters specified in Article 8 of this Law have not been formulated, the National People's Congress and its Standing Committee have the right to decide and authorize the State Council to formulate some administrative regulations according to actual needs, except for matters related to crimes and penalties, compulsory measures and penalties that deprive citizens of political rights and restrict personal freedom, and judicial system.

Article 56 the State Council formulates administrative regulations in accordance with the Constitution and laws.

An administrative regulation may stipulate the following matters:

(1) Matters requiring the formulation of administrative regulations in order to implement legal provisions;

(two) the administrative functions and powers of the State Council as stipulated in Article 89 of the Constitution.

For matters that should be formulated by the National People's Congress and its Standing Committee, the State Council decided to formulate administrative regulations first according to the authorization of the National People's Congress and its Standing Committee. After practice, when the legislative conditions are ripe, the State Council should promptly submit it to the National People's Congress and its Standing Committee for legislation.