“法治引领改革”视野下的法律与改革关系——以自由贸易试验区建设为例

The relationship between law and reform in the view of “the reform leaded by law”——taking the construction of Free Trade Zone as an example

"法治引领改革",是我们党总结党的十一届三中全会以来改革的经验教训的基础上得出的重要结论。根据党的十八届四中全会《决定》的规定和习近平同志讲话的要求,从自由贸易试验区建设的视角看问题,"法治引领改革"关键要做到以下四点:第一,"实践证明行之有效的,要及时上升为法律",为自贸区建设建立法制保障;第二,"实践条件还不成熟,需要先行先试的,要按照法定程序作出授权",为自贸区建设创造法制空间;第三,"对不适应改革要求的法律法规,要及时修改和废止",为自贸区建设扫除法制障碍;第四,"要加强法律解释工作,及时明确法律规定含义和适用法律依据",为自贸区建设提供法律依据。

"The reform leaded by law"is an important conclusion based on summarizing the experience and lessons of reforms since the third Plenary Session of the 11 thCPC Central Committee. According to the regulations in the"Decision"of the fourth Plenary Session of the 18 thCPC Central Committee and the speech of Xi Jin-ping,from the perspective of the construction of Free Trade Zone,the key to "the reform leaded by law"is to complete the following four points: First,"the things that has proved effective in practice should be turned into law immediately",which establishes the legal guarantee for the construction of Free Trade Zone. Second,"the things that are not mature with practice condition and need first try,should be authorized according to legal procedures",which creates a legal space for the construction of Free Trade Zone. Third,"the laws and regulations which are not adapt to the reform requirements should be revised and abolished timely ",which removes legal obstacles for the construction of Free Trade Zone. Fourth,"to strengthen the legal interpretation,and make clear the connotation of laws and regulations,and the applicable legal basis",which provides a legal basis for the construction of Free Trade Zone.