Administrative Innovation And Improvement Of Legislation Of Shanghai FTZ

In China,FTZ becomes Free Trade Pilot Zone under the Chinese development pattern,they are all called FTZ in the following part of this dissertation.Establishing FTZs is another big decision by Chinese government in order to push innovation and opening the country.As the first FTZ,which also has the widest influence,Shanghai FTZ positively discovers every possibility and try boldly.However,while we celebrate for its big improvement on innovation,we should also pay attention to the harsh problem it has on the improvement of its legal guarantee system.Shanghai FTZ is established by policies instead of law,which means that the establishment of legislation can only seek help from administrative regulations,administrative rules,local regulations and local rules.Although the Overall Plan published by the State Council is similar with the State Council empowers Shanghai to legislate,but it will never erase the doubt about the overall plan still lack the hierarchy of law in the legislative law.The overall plan is created jointly by the commercial department and local government,its validity of law seems to be higher than the common department regulation or local regulation,but it still is not an authorized regulation,which makes shanghai FTZ lacking of enough legal authorization and stabilization.The Shanghai FTZ regulation is a local regulation,which is regulated in the legislative law,it can make up a bit of vacancy of the lack of the “country level” administrative regulations.The regulation has a few innovations in the local legislation,but still not enough for the whole country.There are three solutions to solve the question,the first one is that enacting the first FTZ basic law in China,which will fundamentally change the “establish the zone first and then enact law” thought.The second one is to authorize legislation to the FTZ,the best way to make that happen is follow the Shenzhen pattern and gain the legislation authorization from the NPC and SCNPC.The third one is to improve the local legislation of FTZ.Recently,the NPC and SCNPC has given FTZ legal support to change or stop using regulations temporarily,but we still need to figure out a way to guarantee it can be done procedurally.