Explore the Construction Path of China’s Legal System of Free Trade Zone

China Business and Market - - CHINA BUSINESS AND MARKET - LI Meng and HUANG De-hai

(Tsinghua University,Beijing100084,China)

Abstract:At present,China Free Trade Zone (FTZ) strategy has been formed a new pattern of "1 + 3 + 7" gradient development,a legal system that adapted with the FTZ strategy is needed now. Among all problems of our country’s FTZ legal system construction, the national legislation, the authorized legislation, the democratic autonomy legislation and the internationalization of the law system content are the most important legislative issues. The national legislation can provide the top level guarantee of the rule of law for China FTZ development;the national legislation should be enacted as soon as possible;and according to the basic law principle of "the new law is superior to the old law,the special law is superior to the general law",we should change the application of the higher level law that not adaptable for the FTZ system innovation;at the same time,we should make a "general law" to restrict and limit the local authority scope of the FTZ system innovation,and avoid local vicious competition and unfair market competition. The authorized legislation can provide more independent administration authority for the first line FTZ management agency and make full use of the FTZ advantages of free opening and independent innovation;and we can draw lessons from the precedent experience of the Special Economic Zone,follow the order of establishing an independent administrative division to setting up the people's Government,the people's Congress and its Standing Committee of the FTZ,to authorizing legislation directly from national People's Congress and its Standing Committee or the State Council to build and improve the FTZ authorized legislation system,and achieve the balance between the stability of the rule of law and the efficiency of the reform. Democratic autonomy legislation attaches importance to the sound of the grass-roots,conforming to the concept of market-orientated operation that FTZ strategy should be followed;it is also the main path to create a good business environment of rule of law;we can rely on the legislative system of right to know,the legislative system of democratic supervision,the legislative evaluation system and the legislative participation mechanism to ensure public’s participation right in the FTZ legislation. The internationalization of the system content can promote China FTZ to integrate into the world economic pattern as soon as possible and as a demonstrative opening window to guide China market to connect with the international market:on the one hand,we should strengthen the domestic law transformation of international treaties and international conventions;on the other hand,we should pay attention to the international popularization and dividend sharing of our country’s FTZ system innovation.

Key words:China;FTZ;legal system;legislation;international experience

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