A Research On The Legislation Of The Special Economic Zone

The Special Economic Zone of China has been established for more than thirtyyears.The economic and the social has made remarkable achievements, it became amicrocosm of the success of the Chinese policy of reform and opening up. Summarizethis history, you will find the great role of the legislative work of the SpecialEconomic Zone, which plays an irreplaceable role. It makes full use of legislativeresources advantage to promote the social, economic reform and development afterthe Special Economic Zone has been granted legislative power. For example at theend of2010,370issues had been passed by the Shenzhen Municipal People’sCongress and Committee, it included243regulations of the Special EconomicZone.In the laws and regulations of the Shenzhen Special Economic Zone, aboutone-third in the case of relevant national laws and regulations have not yet introducedbefore. About one-third is based on the actual needs of the economic system oftheSpecial Economic Zone and opening to adapt the outside world. The other their isnecessary for modifications, complement and refinement. The other special economiczones is also.If the legislation of special economic zones is considered on the development ofthe legal system of the country as a whole, the legislation on special economic zoneshave the following characteristics: First, the experimental.The legislation of theSpecial Economic Zone often has not yet introduced first try before in the case ofrelevant national legislation, for the construction and improvement of our Experiencesocialist market economy and legal system to provide a lot of useful experience.Second, theadvance.The political and social responsibilities assumed by the SpecialEconomic Zone for early and pilot performance, in the legislative work is even greaterrange of national legislation.Thirdly, the influence.The special economic zones according to their own economic and social development, the development of many tofill the gaps in the laws and regulations of the national legislation. The biggestadvantage of the special economic zones institutional advantages, the most importantresource of reform and innovation resources, the country’s largest contribution to thecurrent Pathfinder through reform and innovation in building systems, a good pioneerexperimental field. Because of this, the legislative power of the Special EconomicZone becomes the biggest advantage of the policy of special economic zones, create acause of special economic zones, playa new basal, fundamental system platform. Inthis regard, the Special Economic Zone needs to give full play to the legislativeadvantage, effectively "dual legislative power", at the same time,the judiciary shouldattach great importance to the judicial practice of the legislative accurately applied tothe legislative of the Special Economic Zone to develop the special economic zonespolicy advantages.This paper is divided into five chapters. The first chapter is start from the nature,theconcepts.the history and the role features of the legislation of the SpecialEconomic Zone then divided the stages of the development, point out that the role ofthe legislation of the Special Economic Zone in the legal system of the country as awhole. The second chapter is to detail legislative power,in-depth analysis of theSpecial Economic Zone. Combing the legal sources and that their respective purviewand exercise principles authorized by the Special Economic Zone of legislative powerand local legislative power, analysis of the coordination of the dual legislative powerof the Special Economic Zone, and pointed out the path to its improvement. The thirdchapter view the current legislation of the Special Economic Zone, analysis of theproblems in the project, modify the recommendations. The fourth chapter discussesthe improvement of the quality of the legislation of the Special Economic Zone,assess the status of the quality of legislation, pointed out the problems and the reasonsfor the quality of its legislative, put forward suggestions to improve the quality oflegislation. The fifth chapter focuses on the application of the legislation of theSpecial Economic Zone, including its effectiveness, judicial applicable conflict of laws and the solutions.Firstly, combing the concept, nature, history and role of the legislation of theSpecial Economic Zone.The legislation of the Special Economic Zone is an importantpart of the legislative system.<The Law of the legislation>, implemented in July2000, Article63also provides for a Special Economic Zone location of the citybelongs to the larger cities, the National People’s Congress and Committee have thepower to enact local regulations.At the same time, in Article65also set the legislativepower of the mandate of the Special Economic Zone. In this way, the specialeconomic zones have the "dual legislative power”, a general legislative power bylocal laws and regulations by special economic zones. In the Special Economic Zonelegislation, the "rights" legislation parallel delegated legislation generalization andvagueness, especially, also triggered a lot of questions of the legitimacy and necessity.Under the "the dual legislative power" system, how to coordinate the authorizationlegislation and the terms of reference of the legislation become an important issue thatcan not be avoided in the Special Economic Zone legislation. Shortly, the legislationon special economic zones, regardless of the level of the national rule of law, or in thereform and development of the Special Economic Zone, has an extremely importantand very special position.Secondly, research the legislative power of the Special Economic Zoneconfiguration specialized on the authorized legislative powers and terms of referenceof legislative power respective origins, summarize the characteristics, scope ofauthority and find the double right path and method to proposed of the coordination.There are mainly two aspects: the one is the legislation of the authorized organs andauthorized by law authority in accordance with the authorization legislation itseffectiveness level is equal or unequal? In theory it has "equal and unequal ’theory.“Equal “‘s reason is it accordance with the law on the commission deemed thelegislation authorized agent relationship. The “Unequal” s reason is the status of thelegislative bodies in different level, sothe law is not in the same rank. The authorizedauthority delegated legislation and authority to legislate their effectiveness unequal or equal. There are also ’equal’ and ‘unequal’ in theory. The reason of the ‘unequal’ is theauthorized legislation granted shall be vested in the part of legislative power by thesuperior,so the level of effectiveness of legal is higher than the level of theeffectiveness of the legislation, for that,the delegated legislation can develop "supergrid local regulations. The reason of the ‘Equal’ is that both the legislative body is thesame, so the law they established should have the same rank and effectiveness rating.In this regard, the key is to solve the problem of the program when it exercise "duallegislative power".For the Special Economic Zone legislation it should be introducedby the National People’s Congress or Committeeas soon as possible to make specificprovisions.Secondly, improve the legislation of the Special Economic Zone programsystem, review the outstanding problems. Legislative activities, including theformulation of activities to modify or repeal the law, there are many problems in thelegislative process of the Special Economic Zone planning, drafting, considerationand the voting. Some are due to the lack of a principled thing in the legislative process,the department legislation phenomenon isbelong to the enthusiasm of the legislature,the initiative is not enough in the legislative activities.There is some system of holisticmissing caused, as in the draft legislative plan, the drafting stage there is adequateresearch and demonstration. For that, this paper presents the Special Economic Zonelegislation program should focus on the following six points: First, strengthen thelegislature dominated, dilute traces of the executive-led legislature; Second, build acomprehensive research system, strengthen legislation substantive argument; Third,establish a unified system of drafting, and strive to improve the quality of the draftregulations; Fourth, further improve the system of public hearings, to ensure publicparticipation channels; Fifth improve the existing review system to enhance thequality and efficiency of consideration; Finally, improve the current voting system andthe optimization of the voting mechanism.Thirdly, improve the quality of legislation, put forward specific suggestions andrecommendations of Special Economic Zone. Overall, the quality status of the legislation of the Special Economic Zone is better than other zones. But the SpecialEconomic Zone legislation would suffer from the impact of legislative philosophy,legislative system, legislative staff, legislative, legislative process, and many otherfactors, and in the legislative practice, it also needs to be improved. In this paper, theevaluation criteria system, the quality of legislation and the establishment of specialeconomic zones in the form of standard requirements should follow the criteria oflegality and reasonableness standard text specification and system of harmonyinsubstantive standard. How to improve the quality of legislation for special economiczones, including five aspects: First, innovative the legislative concepts;Second,improve the legislative process; Third, improve the quality of personnel; Fourth,enhance the legislative technique; Fifth, improve the legislative oversight.Finally, analysis the specific application of the legislature of the SpecialEconomic Zone and the conflict then find the path to resolve theconflict. As thespecial economic zones of the province, the city has two legislative power, thus thereis conflict in the Special Economic Zone legislation. Resolve such conflicts there aretwo ideas: First, improving legislative oversight mechanisms. Provincial People’sCongress examined and approved the draft regulations submitted by the SpecialAdministrative Region People’s Congress, should consider the harmonization ofregulations with the provincial government. If not coordinated, it must be assumedthat who is legitimate and appropriate, who is not legally improper and properexercise of the right to revoke the right of approval. The second is reform the"approval" system in the current legislative system. The legislative body of theapproval system and the effectiveness of the levelis not clear initiate the conflict.In the Conclusion part, make the opinions and suggestions on the development ofChina’s Special Economic Zone legislation for five points: First, persist the existinglegislative system and the legal system; Second, we must continue to promote thedemocratization and scientific of the legislation of the Special Economic Zone;Thirdly, continue to strengthen the leading role in the legislative of the whole country;Fourth, highlight the word "special" on the topic and content; Fifth, strengthen the legislative research of the Special Economic Zone, learn the advanced legislativeexperience from others.