The Study Of The Legislation Of Free Trade Zone

Since the founding of China's free trade zone,the legislative work of the free trade zone is on the concern.In order to dock the internationalization,high standards of the rule of law environment has always been the FTZ construction goals.Shanghai free trade zone as a new round of reform and opening up the innovative experimental field,wore a huge domestic and international pressure and the interests of the pattern of curing resistance,in the legislation of ice on the road ahead.Different from the previous special economic zones,the Shanghai free trade zone is not relying on the top of the policy concessions to form a depression agglomeration effect,but to rely on bottom-up reform,the release of deepening reform of the system dividend.Both dare to break,but also cautious in the rule of law on the track.Which implied a lot of contradictions and conflicts,the direction of reform and the allocation of power,the lower law on the superior law of the breakthrough,the central authority and the relationship between local affairs,the coordination of different sectors of interest,etc.,all constitute a serious legislative work challenge.In such circumstances,the Shanghai free trade zone in the storm and the controversial storm in the first try to explore a temporary suspension of the law in the implementation of the free trade zone to the normalization of authorized legislation model,due to the law to adjust the law Of the path of innovation,to resolve the legislative authority and the right to reform the legitimacy of the power of the urgent needs,but also timely extension of experience to other free trade zone.Faced with the trend of the construction of the domestic free trade zone mushrooming,the emergence of new problems and new problems,the temporary solution does not seem to work once and for all,did not touch the deep,not drastic to solve the problem.Now the legislative model is like a salvage fire,salary is not exhausted.The expansion of the free trade zone is in full swing with the endless legislation of one district and one authorized.The relationship between reform and legitimacy has not been fundamentally resolved.Based on this,this paper attempts to strengthen the top design,the establishment of a unified management mechanism at the national level,promulgated the "China Free Trade Zone Law",to give the FTZ greater legislative power,improve the institutional mechanisms to reduce the cost of legislative system,A better legislative model and a way out.The first chapter of this paper mainly introduces the basic meaning,type and characteristics of the free trade zone,and compares with other special customs supervision areas.So as to clarify the concept and nature of China's free trade zone,in the contrast more clear display function and positioning,so as to carry out the future of the FTZ legislation to lay the foundation.The free trade zone should be the reform of the experimental field and the pressure test area,the establishment of the purpose is to break through the bottleneck of deepening reform,better docking international legal environment.The formation of institutional experience in the mature after the nationwide replication and promotion.The second chapter introduces the process of the development of China's free trade zone,the first try to lead the reform and try to explore the challenges and practical challenges encountered,the legislative work in the dispute and the storm in the difficult process and the Stage results.The special historical period and mission determine the legislative work of the free trade zone is very difficult and important.China's socialist system of rule of law has been completed,is no longer the early stages of reform and opening up,all aspects of work in the can not follow,no trace of the stone through the river trial and error stage,and now the basic system and power curing,Break the pattern of interests,come up with the determination of the warrior broken wrist,as well as the wisdom and courage of self-revolution.This chapter combs the ups and downs of the legislative work since the founding of the free trade zone.After experiencing unreasonable questions in the face of "violation of the Constitution" and "breaking the law reform",we have tried to make the legislative work On the right track,getting better.Through a series of levels of authorization legislation and legislative changes,so that the free trade zone of the legislative model gradually mature and promote the application,and ultimately the introduction of free trade zone regulations in the form of fixed stage of reform results.While we are surprised at the legislative innovations and achievements that have been made in the short term,we must also see that reform and innovation are not a matter of success,and that the lack of a long-term solution to the current legislative work and legal supply is not enough Trade area of the practical needs.The relationship between reform and the rule of law,has not been fundamentally resolved,the temporary adjustment of the path and the legislative law to amend the long-term problem can not be resolved,The third chapter focuses on the analysis of the current free trade zone in the case of large expansion,the free trade zone legislation still exists the drawbacks and highlights the problem.As well as the development of free trade zone to a new stage,in the process of continuous progress in the new situation and new problems encountered.The reform measures and institutional innovations that have been landed are fragmented and not synergistic,and the pilot of the reform needs to be systematically integrated,otherwise it is difficult to promote in the whole country.The "open pressure" and "risk test" in zones such as foreign investment and financial industry that are not yet landed,Resistance gradually increased.Legislation mainly reflects the four aspects of the tendency and problems.First,administrative.The free trade zone is the test center of the Party Central Committee and the State Council to deepen the reform and expansion.The rule of law construction is a "government-driven",leading to serious administrative tendency in the process of legislation,and the scope and extent of participation of the market players and social forces are extremely limited.Second,localization.In the case of the Standing Committee of the National People's Congress and the State Council respectively making the "authorization decision",the local legislative model of the "Administrative Measures and Government Regulations" of the trade fairs has been formed.However,local legislation is difficult to dock international rules,foreign trade,investment,customs,finance and taxation,finance and other state affairs and the basic system to provide.So as to establish a framework and regulatory model that links with international investment and trade rules.Three is fragmented.As the FTZ reform involves more departments,the interests of cross,the division of ministries,resulting in reform and institutional innovation results fragmented state,the lack of overall framework of the results,it is difficult to copy the promotion.Four is hollow.Local reform of the resistance is very large,many of the legislative matters involving state affairs and the conflict will be the first law,facing the upper legal resistance.So the actual reform is difficult to in-depth,the rule of law system to build a virtual.Behind the main reason is that one is the lack of top-level design,the lack of a unified basic law norms.Second,due to local adjustment,due to adjustment,one by one authorized legislative model appears to be highly targeted,but it is difficult to sustain,long-term view is not conducive to the integrity and unity of the rule of law,but will bind the reform and development of free trade zones and Institutional Innovation Boundary.Third,the lack of authorization of the CMC's authorization legislation,the lack of jurisdiction and legislative power,and the high internal costs caused by the dislocation of the legislative process.Basically,the top-down power system and the bottom-up reform path are not coordinated,the local affairs and legislative power of the ration is not balanced,the legislative procedures and organizational arrangements are not straightened out,in practice there have been many chaos There is no straightforward relationship between the free trade zone,the free trade zone,the free trade zone and the non-trade zone.The internal cost of the legislation is too high,time-consuming and labor force at the same time there are still delays and lag problems,there is no way to maintain the cutting edge and timeliness,so that legislation to lead the reform and the rule of law first.Chapter 4 introduces the system of foreign trade zone.Selected two successful representatives of the FTZ,the US and Dubai free trade zone as a reference.By comparing the developed countries with mature and perfect legislative and legal framework,on the one hand can find their own shortcomings,on the other hand can learn to progress.Although the federal system and the system of a single system in the system and the legal system is very different.But in fact the world's different legal systems are also showing mutual integration,learn from each other's shortcomings.Federalism in the loose on the basis of strengthening the centralization,a single system to avoid the suppression of local vitality is also appropriate decentralization.Moreover,the degree of centralization and decentralization at the central and local levels is not in itself a standard for distinguishing between systems.We advocate "small government,big society" mode,to promote government decentralization,limited government is the rule of law of the government.The vitality of reform and innovation comes from the front line,from the grassroots level,but bold and error requires courage and free space.The US FTZ has adopted a combination of legislation at the national level and at the local level,complementing and cooperating with the legislative structure.On the one hand,it has clarified the relationship between the legal level and the level of the law,taking into account the principle and particularity.On the other hand by authorizing the FTZ legislation to give the FTZ space and autonomy.Dubai Free Trade Zone legislation is taken by an inverted pyramid model,the more the higher the law of the provisions of the less,the more space and the greater the degree of freedom.Of course,this is also with the positioning and nature of the free trade zone is inseparable.So countries should be based on national conditions and reality.The top design of the Dubai Free Trade Zone legislation gives the FTZ greater autonomy and legislative authority,and the high standard of nationalization is worth learning and learning.Chapter 5 attempts to put forward the proposal of resolving and perfecting the legislation of FTZ.In the free trade zone legislation,the top design is missing,the central and local authorities,the law of the rank relationship is not straightened out,the free trade zone legislation is not enough,the resistance to reform has not been resolved and so on.At the local level,lack of authority,authority and legislative power do not match.It is difficult for the ministries to divest and decentralize vested interests,and the current legislation is always harmonized at all levels.Whether we should consider the appropriate divestiture of part of the ministries of authority,temporarily in a package of authorized way to the local free trade zone management committee,on this basis,can list the list of powers,clear the principles and exceptions,which power can be put,Which power can not be put,which need to transition and discussion,and thus the details of the power of the border;from the national level,you can consider the establishment of a free trade center in the central management committee,comprehensive focus on part of the reform authority.In the organization,if it has been only a local government to come forward under a national chess,taking into account the institutional innovation is to be promoted in the country,then the political drive may be reform is not enough,so the establishment of a national free trade zone management committee,Coordination and comprehensive interests of all sectors,do the central and local ties and transmission bridge,co-ordinate the control of the development of free trade across the country;correspondingly,at the legislative level,but also the introduction of national level " Enhance the rank and effectiveness of legislation,give greater freedom to the free trade zone,clarify the legislative procedures,organizational authority,reduce system costs,improve the fairness and efficiency of legislation.Maintain the unity of the rule of law,avoid fragmentation of legislation and regional competition.Coordination of government,market and social relations,decentralization,the negative list of the purpose is to create a limited,rule of law,efficient government.Try to put more freedom back to the market,reflecting the social justice,in the FTZ legislation,but also to mobilize and play the market players,the power and role of social organizations.In the legislative process,to enhance openness and transparency,to ensure fair and impartial,scientific and effective,and strive to dock international standards and rules.For the development of the national free trade zone to provide long-term protection of the rule of law and lasting innovation-driven,for the reform and opening up the engine into the power of the source.