自贸区(港)建设背景下海南经济特区立法权运行的不足与完善

The status quo of and Improvement of the Legislative Power in Hainan Special Economic Zone under the Background of the Construction of Free Trade Zone (Port)

经济特区立法权运行机制是经济特区立法权实施的技术装置,也是影响特区立法质量的关键因素。海南自建省办经济特区以来,特区立法权发挥了重要作用,为特区建设提供了重要法治保障,但与深圳等经济特区相比,海南特区立法权的运用并不理想。立足海南特区立法在启动、实施、审议等阶段的现状,海南特区立法亟需完善启动机制、实施机制和审议机制,以制度建设保障海南自贸区(港)建设。

The operational mechanism of legislative power in special economic zones is a technical device for the implementation of legislative power in special economic zones,and it is also a key factor affecting the quality of SAR legislation.Since Hainan built its own special economic zone,the legislative power of the SAR has played an important role in providing important legal protection for the construction of the SAR.However,compared with the special economic zones such as Shenzhen,the application of the legislative power of Hainan SAR is not ideal.The construction of the Free Trade Zone has put forward new requirements for the Hainan Special Zone legislation.Based on the status quo of the Hainan Special Zone legislation in the stages of initiation,drafting and deliberation,the basic path of improving the Hainan Special Zone legislation is to construct the screening criteria and expand the implementation stage.Experts argue with the public,try scientific and reasonable deliberation and voting,follow the assessment and feedback after the enactment of the legislation,and protect the Hainan Special Economic Zone legislation in the context of the Free Trade Zone.