Shanghai Free Trade Area: A New Model Of Regional Legal Modernization

The exploration of Shanghai Free Trade Zone regional rule of law modernization new model is pushed by the development of the rule of law in domestic, and the new development of the international economic and trade rules. On the one hand, China has tried its best to pursue the modernization of legal system since the modern times, especially, after the reform and opening, the consciousness of the rule of law and autonomy keep improving which lead the modernization of legal system develops with the accelerating pace. On the other hand, Under the background of the deep-going pace of law globalization, the international economic and trade rules present the trend of regionalization.The rule of WTO has played an important role in standarding the global economic and trade development, but due to the large number of WTO member, the development of economy and geopolitics, and the differences of interest demands lead to the Doha Round Negotiations coming to a deadlock. In this situation, negotiations of TTP,TTIP and TIAS are in full swing, which are lead by the developed countries, such as the USA. The aims of the negoations are to inform a high standard of economy and trad regulation. Shanghai Free Trade Zone is prior to carry and try the new rules of TPP and TTIP investment and trade advocated by the America, in the process of buliding the law of economy and trade concerning foreign affairs informing the new model of regional.The model of regional rule of law modernization can be various according to different standards, such as government-leading, social evolution and interaction are devided by the standard of the driving force. Under the kind of government-leading, this paper put the stress on the model of the treaty driving and the self-propelling. At present, We adopt the modernization of rule of law that is the self-propelling as well as the treaty driving, but this model still exists some problems such as the government is given too large power; the market can not paly enough role;transplantation of law exists Westernization trend and the citizen leak methods to partcipate. Shanghai Free Trade Pilot Zone is aimed to eliminate the problems which exist the process of rule of law modemation, so as to inform a new model of regional rule of law modernization.The main aim of building international economic and trade rules is to promote investment facilitation and trade liberalization, while financial is the key factors which effect the realization of the Investment liberalization. What is more, to effectively solve the disputes is the guarantee of investment facilitation and trade liberalization. All in all, the purpose of this paper is to explore the new model of the rule of law modernization, through the system innovation of the investment, trade, financial and the dispute solution. Certainly, in the process of the innovation and operation will meet a lot of problems. In order to keep the Legal system modernization work orderly, the paper will put forward proposals on these problems.