Research On The Proper Exercise Of The Legislative Power Of The Special Economic Zone

In order to better adapt to the great historical decision of promoting reform and opening up,from 1979 to 1988,China successively established five special economic zones along the southeast coast,namely Shenzhen,Zhuhai,Shantou,Xiamen and Hainan.Correspondingly,the Standing Committee of the National People's Congress granted the legislative powers on economic laws and regulations in special economic zones in 1980,1981,1988,and 1992,respectively.The legislative power of economic laws and regulations in special economic zones provides an important institutional supply and guarantee of the rule of law for the economic and social development of special economic zones.For example,Shenzhen has formulated more than 206 special economic zone laws and regulations,and there are currently 138 effective special economic zone laws and regulations,since it obtained the legislative power of special economic laws and regulations,which is ahead of all special economic zones and even the whole country in terms of legislative scale and legislative diversification.Shenzhen Special Economic Zone gives full play to its legislative initiative and innovation ability,which not only plays an unprecedented role in the protection of the rule of law for the economic development and social stability of Shenzhen Special Economic Zone,but also is unique in filling the legal gap and carrying out innovative experimental legislation.However,there are also some problems in the formulation and implementation of laws and regulations of special economic zones.For example,with the comprehensive implementation of China's reform and opening up,the macro background of the existence of special economic zones has undergone great changes.The special features of special economic zones are not as prominent as those in the early days of reform and opening up.Then,is it necessary to continue to retain the special legislative power of special economic zones? For example,after the Legislative Law of 2015,which granted local legislative powers to district-based cities,is it still necessary to distinguish local legislative powers and special economic zone legislative powers? Does it violate the legislative equality between cities divided into districts? How do special economic zones deal with this "dual legislative power" ? For another example,in the process of exercising the legislative power of the special economic zone,is the " accommodation power in legislation " accurately grasped and exercised? Issues such as these have led to questions about the legislative power of special economic zones in academia and legislative practice.From the perspective of this article,it is necessary for the existence of the legislative power of economic laws and regulations in special economic zones.But the key question is not whether it is necessary for the existence or not,but how to realize the purpose of the legislative power granted by the central government.The structural arrangement of this article is as follows.First,a systematic review of the development of the legislative power of the special economic zones is made.It is clear that the legislative power of the special economic zones is,first of all,a special kind of local legislative power.Secondly,this paper makes a systematic analysis of the current laws and regulations,especially the current effective laws and regulations and the Accommodation Power in legislation,based on the relevant legislation of the five special economic zones over the past three decades,including the number and category of laws and regulations.Furthermore,starting from the data of legislation supply,this paper pointes out the prominent problems such as the ambiguity of the scope of authorization in the exercise of the legislative power in the special economic zones and the insufficient exercise of the accommodation power in legislation.Finally,the paper put forward suggestions for improving the scope of legislative power,highlighting the use of Accommodation Power,and smoothing the operation mechanism of legislation,so as to realize the standardized exercise of legislative power in special economic zones.