我国自由贸易港建设立法模式研究

Research on the Legislative Mode of Free Trade Port Construction in China

虽然自由贸易试验区和自由贸易港建设是一脉相承的,两者都是以“制度创新”为核心,以建立现代开放型营商环境为目标,但是两者的侧重点有所不同。自由贸易试验区强调制度的“可复制、可推广”,着重于“二线渗透”,为出台全国性政策探索铺路。自由贸易港则强调“一线放开”,用最自由的贸易、金融、投资规则和便捷的人才制度吸引世界各地的货物、服务、资金和人才在此汇集。自由贸易试验区偏重“在岸”业务的开放,自由贸易港则争取“离岸”业务的突破;自由贸易试验区的法治理念是“守法改革”,而自由贸易港的法治理念则是“给法改革”;自由贸易试验区建设是“创新先行”,自由贸易港建设则必须“立法先行”。制度创新有成功,也有失败,具有一定的不确定性;立法先行则必须事先规划,有一定的可预期性。

Although a free trade pilot zone and a free trade port are going in the same track with the target of policy innovation and the construction of an opening market environment,they still have different priorities.A free trade pilot zone is focusing on the duplication and promotion of its measures to others,paving the way for the national lawmaking,while a free trade port will concentrate on the opening to the outside within the closed zone,attracting the goods,services and expertise from all parts of the world with the most free trade,finance and investment rules.A free trade pilot zone is concerned with the opening of on-the-shore business while a free trade port will care more about the breakthrough of offshore business.The concept of rule of law in a free trade pilot zone is that the reform should go within the limits of law while that of a free trade port is that law-making should go before the reform.Therefore,the construction of a free trade pilot zone is based on the system innovation while the construction of a free trade port is based on the law-making.The system innovation may succeed or fail with some uncertainty while the law-making should have a plan ahead with certain predictability.