论中国特色自由贸易港建设的立法创新

On the Legislative Innovation in the Construction of Free Trade Port with Chinese Characteristics

建设中国特色自由贸易港应立法先行,重视制度创新,通过立法将政策利好落到实处。囿于《立法法》第8条的规定,地方事权无权突破中央事权的限制,因此中国特色自由贸易港在财税、投资、海关、金融、仲裁等关键领域的制度创新缺乏足够的立法权限。在立法层面解决海南地方立法权受限问题有三条路径:从中国特色自由贸易港的长期繁荣发展来看,应争取全国人大将有关经济建设的立法权下放,将海南打造成"经济法律特区";以建设中国特色自由贸易港为目标,由全国人大制定《自由贸易港法》并在其中予以充分授权;争取中央的一揽子立法授权,将最为迫切的重点立法领域的法律调整适用权一揽子授权给海南,以解决《自由贸易港法》出台之前海南立法权受限问题。

Legislation is supposed to precede in the construction of a free trade port with Chinese characteristics,and great importance should be attached to the institutional innovation so as to realize the favorable policies in practice through the enforcement of legislation.According to the provisions of Article 8 in Legislative Law of the PRC,however,the local powers have no rights to break through the restrictions from the central powers.Therefore,the sufficient legislative authority is lack in such key areas as finance and taxation,investment,customs,finance,and arbitration that are associated with the institutional innovation of free trade ports with Chinese characteristics.At the legislative level,there are three approaches to solving the restrictions on the local legislative power in Hainan.From the long-term prosperity and development of the free trade port with Chinese characteristics,it is suggested to win over the decentralized legislative power related to the economic construction from the National People’s Congress,and build Hainan into"a special zone of economic law".Furthermore,with the construction of a free trade port with Chinese characteristics as the goal,the National People’s Congress is expected to formulate the Free Trade Port Law,in which the adequate authority is given to the local powers.Also,it is necessary to strive for a package of legislative authorization from the central government,especially the authority of adjustment and application of the laws in the most urgent,key legislative areas,so as to resolve the issues that restrict the legislative power in Hainan before the promulgation of the Free Trade Port Law.