On The Interaction Between Legislation And Reform

China’s reforms tend to start at the locality,and the Special Economic Zones are important windows and experimental platforms.Facts have proved that local reform and opening up has always been the source of innovation,but also an important engine to promote national reform.It is an important research angle to observe the rule of law in China from the perspective of the interaction between the legislation and the reform of the Special Economic Zone.In addition to the introduction and conclusion,the main text is divided into five chapters.The first chapter expounds the historical evolution of local legislation and reform in Xiamen.As far as it’s concerned,the change of legislative power in Xiamen Special Economic Zone is a reform,which can be divided into three stages,laying the foundation,authorizing legislation and double legislative power.The improvement of legislative quality of special zones can not be separated from the establishment,reform and repeal,these initiatives are taking place at the same time.Summing up the annual development of local laws and regulations in Xiamen can further explore the coordination between the legislation of that year or period,the national policy at that time,and the local reform environment.By making a statistical analysis of the current effective local laws and regulations in Xiamen,which can be seen that the authorized legislation and the municipal laws and regulations of the Special Economic Zones are different in the proportion of quantity,the time and times of revision,the change of legislative focus,the object of adjustment and the composition of the contents,which reflect the interactive relationship between reform and legislation.After the18 th National Congress of the CPC,the annual legislative content and number of local laws and regulations showed that the legislation of Special Economic Zone of Xiamen has turned to lead the push type and pay attention to legislation first.The second chapter expounds the theoretical support behind the first trial legislation of Special Economic Zones to promote reform and development.The first trial legislation is the concrete expression of opening the way for the reform and opening up in Special Economic Zones,which is closely connected with the practice of reform and practice in China.First of all,summarize the legislative concept and the nature of legislative power in Special Economic Zones.Secondly,in the light of the analysis of the role of authorizing legislation in the academic circles,the author thinks that there is still great potential for the existence andabolishment of authorizing legislation in Special Economic Zones.Furthermore,focusing on the two levels of practical motivation and legal basis,this paper emphatically analyzes the formation mechanism of the legislation in advance and first trial.Finally,in order to give full play to the functions of pilot-pilot legislative exploration and exploration,and to lead innovation and complement and perfection,the following legislative principles must be adhered to,to safeguard the unity of the national legal system,to highlight the characteristics of local legislation,to focus on solidifying experience and moderately flexible foresight,to meet the actual needs and have the possibility to achieve.The third chapter makes an empirical analysis on Xiamen Special Economic Zone’s pilot legislation leading to the reform.This paper focuses on the practical effect of the social reform in the process of implementation of the laws and regulations which have the national pioneering significance.A total of 48 creative legislation has been launched in Xiamen Special Economic Zone before and after the first trial,"economic law" was enacted to lead major reform,"social law" was enacted to promote civilization progress,"ecological law" was established to insiste on green development,and "people’s livelihood law" was enacted to ensure the improvement of people’s livelihood.Among them,many departments are the first legislation with local characteristics in the country,the local characteristic legislation of the free trade test area,the first to promote the construction of diversified dispute resolution mechanism,to promote social civilization,and to urge the old brands to protect and develop.The fourth chapter elaborates the characteristics and problems of the legislation of Special Economic Zone to promote the reform and development.The characteristics are as follows,highlight the legislation concerning foreign affairs and Taiwan,emphasize the formulation of market economy laws and regulations,pay attention to the legislation on ecological and environmental protection,pay attention to basic public services and the legalization of people’s livelihood.At the same time,problems are,the influence of "one city and two laws" has not been eliminated,the risk of abuse exists in the authorized legislation,the leading role in important areas of legislation is still insufficient,the legislation is out of place,and other legislation does not meet the needs of reform practice.The above problems can be concluded that the linking mechanism of legislation and reform decision-making needs to be perfected,and the quality of legislation needs to be further improved.Chapter five discusses how to perfect the convergence mechanism of legislation and reform decision.The connection between legislation and reform depends on specific measures,which should be done that,to ensure democratic legislation,to broaden the path of citizen participation,to adhere to scientific legislation,to optimize the quality of legislation content,to legislate strictly according to law,and to perfect the division of legislative authority,Improve the collection of local legislative projects,strengthen the local legislation in key areas.This paper draws a conclusion that,the successful experience of Xiamen Special Economic Zone shows that the authorized legislative power of Xiamen Special Economic Zone as an experimental legislation,innovative legislation,should not be withdrawn,cancelled or abolished.Legislative adaptation is the fundamental feature of the legislative power in special economic zones,and it is natural to adapt to gradual reform first and first,behind the relationship between legislation and reform,which embodies the relationship between law and social change.China’s legislative system itself is in the process of continuous reform in order to meet the needs of the actual development of reform and opening-up.The sacred mission of the Special Economic Zone is to use the legislative power of the Special Economic Zone to carry out legislative experiments,promote the innovation of the system,and create a model to link the legislation with the reform.Legislation is the starting point of the rule of law,and it is becoming more and more important to promote the reform by legislation and to realize the legalization of important decision-making.Based on the principle of rule of law and the requirement of legislation leading the reform,the pursuit of good law and good governance is no longer the quantity of legislation but the quality of legislation.In a word,scientific legislation,democratic legislation and law-based legislation can be achieved only by perfecting the linking mechanism between legislation and reform.