自贸园区与自由贸易协定协同法律制度研究

Study on the Synergy Legal System of Free Trade Zone and Free Trade Agreement

自由贸易试验区和自由贸易协定是我国进一步扩大对外开放的重要制度依托。两种法律制度工具在功能定位方面的差异和重合,决定了自由贸易协定成员国设立的自由贸易区制度,可能与自由贸易协定之间同时存在相互冲突与协调的矛盾关系。国际经验表明,自由贸易协定主要通过自贸园区特殊条款、原产地规则等消极措施及自贸园区区域一体化制度等积极措施应对自贸园区带来的消极影响,而自贸园区制度也开始在区域一体化背景下逐渐转型升级。目前我国自由贸易试验区与自由贸易协定之间并未实现全面的制度衔接,为更好地发挥两者之间的协同效应,我国自贸园区法律制度构建应充分考虑区域一体化发展需求,提升其为区域经济发展服务的能力。

The pilot free trade zone and free trade agreement are important systems which support the further opening-up of China. The difference and overlap between the two legal system tools in function orientation determine that,the free trade zone system established by the member states of free trade agreement may be in conflict and coordinate with the free trade agreement at the same time. International experience indicates that free trade agreements have mainly taken the negative measures such as special terms of free trade zone,rules of origin and the active measures such as the regional integration of free trade area to deal with the negative effects brought by free trade zones,and free trade zones systems also have began to gradually transformation and upgrading under the background of regional integration. So far China’s pilot free trade zone and free trade agreements have not achieve comprehensive system connection,in order to better exert synergistic effect between the two systems,the legal system construction of free trade zones in China should give full consideration to the needs of regional integration,and enhance its ability to serve for regional economy development.