Research On Optimization Of Regulation Filing System Of Free Trade Ports With Chinese Characteristics

Taking the Law of Hainan Free Trade Port as a basis,building the laws and regulations system of free trade port with Chinese characteristics is an important task in the construction of Hainan Free trade Port,and the important decision of deepening reform and opening up,carrying out the "legislative first,legal basis".In order to guarantee the achievements of system innovation and strengthen legal supervision,the legal system of free trade port should be built in coordination with the filing system.Since the establishment of the special economic Zone in 1988,Hainan has been authorized to enjoy a variety of legislative powers,including the legislative power of special economic zones.Due to the proper use of these legislative powers in practice,great results have been achieved in a short time,which has provided sufficient legal guarantee for the social and economic development of Hainan Special economic Zone.However,the lack of registration system of regulations in special economic zones has also led to the failure of some laws to reach the expected goal of lawmakers.In 2019,the Standing Committee of the National People’s Congress adopted the Working Measures for the Review of the Filing of Regulations and Judicial Interpretations,which comprehensively summarized the achievements made in the development of the filing system since reform and opening up,raising the importance of the filing system of legislation to a new level.The regulation filing system is an important basis for the construction of the regulation system of free trade ports.Under the background of the re-revision of the Legislation Law of the People’s Republic of China in 2023,the regulation filing system of free trade ports with "Chinese characteristics and Hainan flavor" should be established in order to learn from the legislative supervision experience of special economic zones and face up to the problems and deficiencies in the regulation filing of special economic zones.Hainan should,on the basis of following the unification of legal system and implementing the idea of "first and first trial" for the filing of laws and regulations,optimize the filing resources by implementing delayed filing,improving the duties of the filing of laws and regulations,and building the filing risk prevention and control system,so as to consolidate the innovation achievements of the free trade port from the legal level.The first part of this paper will focus on the value function and legal definition of the legal record system.In our country,regulatory filing means normative legal documents should be registered,put on record and archived within a certain time after they have been formulated and published to the social public by legislative organs at a higher level which have been formulated or approved by them,as the situation may be at the same time,they should be investigated as unconstitutional and illegal at the same time.Therefore,it is necessary to sort out the origin,essence,legal value,function and other characteristics of the legislative filing review system before studying the regulation filing system of free trade ports,so as to lay a theoretical foundation for the optimization of the regulation filing system of free trade ports.The second part will start from the practice of regulations filing in Hainan Special Economic Zone to understand how the regulations on the filing and examination of laws,regulations and normative legal documents come into being in the legislation and supervision practice of Hainan Special Economic Zone and how they develop on the basis of adapting to the characteristics of special economic zone.At the same time,by elaborating the process of legislative filing of Hainan Special Economic Zone Construction Office,this paper summarizes the beneficial experience and shortcomings of legislative filing practice in Hainan Province,which can provide a powerful answer for how to use,make good use of and optimize the legal filing system under the "triple legislative power" of free trade port.The third part will be based on the construction reality of free trade port to make a cognitive explanation of the legitimacy of the free trade port regulations filing system.In2025,the whole island of Hainan will be closed,which puts forward higher requirements for the legal system of free trade ports.The traditional legal filing mechanism can no longer meet the development needs of free trade ports.At the same time,as the soul of free trade port construction,the "free convenience" system cannot be separated from the risk prevention and control mechanism represented by the regulation filing system.Therefore,it has become an indispensable part of the supervision system of regulations of free trade ports to construct the filing mechanism of regulations of free trade ports.At the same time,this part will also discuss the idea and principle of the free trade port regulation filing optimization.The filing system of regulations is an important part of the procedure of legislative supervision mechanism.Its optimization will effectively ensure that the construction route,policies and decisions of free trade ports are carried out on the basis of legal system.Therefore,the filing system of regulations of free trade ports should highlight the characteristic concept of free trade port construction on the basis of maintaining the unity of the national legal system,and further promote the optimization of the filing system of regulations of free trade ports,so that it can better adapt to the current practical needs of the construction of free trade ports.The fourth part will explain the optimization path of the free trade port regulation filing system.Filing of legislation on innovative modes authorized by the Hainan Free Trade Port Law is an important part of the free trade port’s legislation based on the "first,first and first trial" system.At present,the free trade port takes the "free and convenient" system,flexible legislation and creative legislation as the optimization path of regulation filing goal,and makes legislative innovation based on this.Therefore,it is important to use the filing system of regulations of free trade ports to prevent and defuse the risks of legislation under the innovative mode,give full play to the leading and promoting role of the legal system in the construction of free trade ports,and strengthen the coordination of relevant legislation work.The fifth part mainly focuses on how to optimize and improve the construction of the regulation filing system of free trade port.At present,the optimization of the regulation filing system of free trade ports should start from the construction of the regulation filing system with Hainan characteristics,and start from the perspectives of optimizing the resource allocation of regulation filing,innovating the construction technology of regulation filing of free trade ports,improving the responsibility of the review of regulation filing,and strengthening the risk prevention and control mechanism of regulation filing.To facilitate the construction of the "four beams and eight pillars" legal system for free trade ports.