June 1, 2020,The "Overall Plan for the Construction of Hainan Free Trade Port" (hereinafter referred to as the "Overall Plan") was officially released,This is the blueprint for the overall construction of Hainan Free Trade Port,The word "法" appears more than 60 times,The rule of law is very clear,The word “rule of law” appears in 11 places,The trend of "building a port in accordance with the law" is very obvious。As far as the framework design bet365 joining bonus code "rule of law system" in the "Overall Plan" is concerned,What needs to be constructed is based on the Hainan Free Trade Port Law,The legal system bet365 joining bonus code free trade port, which is mainly composed of local regulations and commercial dispute resolution mechanisms,To create a world-class free trade port legal environment。
bet365 joining bonus code penetration:Overall construction of bet365 joining bonus code PortThe main lines and key points bet365 joining bonus code rule of law
The Hainan Free Trade Port Law is a legal form of institutional arrangement for the free trade port,This is the country’s first attempt to enact economic legislation for a special region,Intended to provide principles for the construction of free trade ports、Basic legal guarantee。Regarding the previous “1+3+7+1+6” free trade pilot zone,The country has not attempted to unify legislation,There is no corresponding separate legislation。As a higher level open form,Free trade port requires special legislation,This is a unique “experiment” for the country to comprehensively deepen reforms,It is also an important step in integrating into international economic integration,Is the window for China’s legal system to connect with the international legal system,Needs to be reflected at the national legal level。Hainan Free Trade Port needs to form its own relatively unique legal system,That is, the integration of institutional innovation with multi-level and multi-field legislation under the guidance bet365 joining bonus code Free Trade Port Law。
Among the "four beams and eight pillars" that embody the characteristics bet365 joining bonus code free trade port, such as "trade freedom and facilitation" and "investment freedom and facilitation",“Free trade and facilitation” require customs supervision in accordance with the law。The "Hainan Provincial Interim Regulations on Anti-Smuggling" that came into effect on April 1, 2020 has created a blueprint for free trade port customs supervision in accordance with the law,Become an important barrier when the "front line" is released,It and the "Customs Law bet365 joining bonus code People's Republic of China"、Coherence of Hainan Free Trade Port policies and measures,Clearly stipulates that it is prohibited to import goods in violation bet365 joining bonus code national and Hainan Province regulations on free trade port tax reduction and exemption、Relevant regulations on article supervision。On this basis,The next step is to focus on how to achieve “second line” control through specific rule settings,Achieve the goal of promoting trade liberalization and facilitation in accordance with laws and regulations。For “investment freedom and convenience”,First of all, it is necessary to implement "no ban or entry",This is the “operation” that Hainan Free Trade Port must carry out in depth in the field of “decentralization, regulation and services”。At the same time, after completing the optimization bet365 joining bonus code market access system,What needs to be strengthened is to strengthen and optimize antitrust law enforcement,This is also the important spirit expressed in the "Opinions bet365 joining bonus code Central Committee bet365 joining bonus code Communist Party of China and the State Council on Accelerating the Improvement bet365 joining bonus code Socialist Market Economic System in the New Era" on May 11, 2020,It is a concrete expression of consolidating the basic system of market economy and ensuring fair market competition in the overall construction of Hainan Free Trade Port。In terms of property rights protection,Need to implement company law and other laws and regulations,Benefits that are in line with the upcoming implementation bet365 joining bonus code Civil Code in January 2021。
In the construction of special tax system,“Strong rule of law” is proposed as a special principle,Corresponding measures must be taken against illegal and untrustworthy enterprises and individuals in accordance with laws and regulations,Aiming to gradually establish a tax system suitable for high-level free trade ports。From the perspective of means,Also through credit classification supervision、To achieve this through specific mechanisms such as punishment for breach of trust,This is also a reflection of social governance requirements,What needs to be strengthened is regulatory legislation and enforcement,Strengthen the formulation and implementation of relevant legislation including the "bet365 joining bonus code Province Social Credit Regulations"。
Multi-pronged approach: "bet365 joining bonus code" and“Adjusting laws and regulations” promotes the construction bet365 joining bonus code rule of law system
On June 16, 2020, the 20th meeting bet365 joining bonus code Standing Committee bet365 joining bonus code Sixth People’s Congress of Hainan Province passed the “Resolution bet365 joining bonus code Standing Committee bet365 joining bonus code Hainan Provincial People’s Congress on Implementing the “Overall Plan for the Construction of Hainan Free Trade Port”,Specially mentions the issue of making full use bet365 joining bonus code "two legislative powers" and the relevant legislative authorization bet365 joining bonus code Standing Committee bet365 joining bonus code National People's Congress,Accelerate the construction of a supporting national legal system、In line with international practice、Regulatory system suitable for the construction of free trade port。For Hainan,The legislative power of special economic zones still exists and plays important functions,The "Overall Plan" requires compliance with constitutional provisions and laws、Under the premise bet365 joining bonus code basic principles of administrative regulations,Support Hainan to fully exercise its legislative power of special economic zones,The exercise of this legislative power is mainly based on the actual construction of free trade ports,Adhere to the direction of reform、Problem orientation。
April 13, 1988,The First Session bet365 joining bonus code Seventh National People's Congress passed the "Resolution on the Establishment of Hainan Special Economic Zone" (hereinafter referred to as the "Resolution"),"Delimit Hainan Island as Hainan Special Economic Zone","Authorize the Hainan Provincial People's Congress and its Standing Committee,Based on the specific conditions and actual needs of Hainan Special Economic Zone,Follow relevant national laws、Relevant decisions bet365 joining bonus code National People’s Congress and its Standing Committee and the principled formulation of relevant administrative regulations bet365 joining bonus code State Council,Implemented in Hainan Special Economic Zone”。In this "Overall Plan",Also once again emphasized that the implementation scope of Hainan Free Trade Port is “the entire Hainan Island”。Visible,The "Resolution" and the "Overall Plan" are bet365 joining bonus code same origin in terms of power delegation and operation direction。In accordance with the provisions of paragraph 2 of Article 90 bet365 joining bonus code "Legislation Law",Special Economic Zone Regulations are authorized by law、Administrative regulations、Local regulations provide for flexibility,The provisions of special economic zone regulations shall apply in this special economic zone。This kind of legislative power is compared with the general local legislative power,Special legislative power with strong effectiveness,The scope bet365 joining bonus code special economic zone is not completely consistent with the scope of Hainan Province,Also requires Hainan to exercise its legislative power in special economic zones,The situation outside the island must be considered。Same,Free trade port legislation also requires this kind of legislative thinking,On the premise bet365 joining bonus code legislative power of special economic zones,Inherit the legislative spirit,The intention is to explore the establishment of more flexible and efficient laws and regulations suitable for the construction of free trade ports,At the same time, it does not break the general local legislation pattern of Hainan Province,Make sure that "two legislative powers" can go hand in hand。Legislation mentioned in the overall plan such as the "Hainan Free Trade Port Commercial Cancellation Regulations", "Bankruptcy Regulations", "Fair Competition Regulations", "Expropriation and Expropriation Regulations",As well as the "Hainan Free Trade Port Cybersecurity Regulations" and other corresponding legislation not yet listed in the "Master Plan",All will become the early achievements under the "two legislative powers" pattern。
Outside the "two legislative powers",The "Master Plan" specifically mentions the need to give full legal authorization to the free trade port,For the various reform measures proposed in the "Overall Plan",Anything involving the need to adjust existing laws or administrative regulations,Implemented after unified authorization by the National People’s Congress and its Standing Committee or the State Council,This requires studying and simplifying the work procedures for adjusting existing laws or administrative regulations。June 18, 2020,Decision bet365 joining bonus code State Council,The China (Hainan) Free Trade Pilot Zone temporarily adjusts and implements the "Customs Affairs Guarantee Regulations bet365 joining bonus code People's Republic of China", the Import and Export Tariff Regulations bet365 joining bonus code People's Republic of China, the International Maritime Transport Regulations bet365 joining bonus code People's Republic of China, and the Inspection of Ships and Offshore Facilities bet365 joining bonus code People's Republic of China. Regulations" and "Domestic Water Transport Management Regulations",This is also a first "test bet365 joining bonus code waters" for the operation of this power,More relevant legislation will gradually enter the adjustment and implementation stage,“Adjusting laws and regulations” will become a special legal landscape for Hainan Free Trade Port in the next step。
Combining movement and static: special legal needs for the overall construction of bet365 joining bonus code Port
Free trade ports with Chinese characteristics need to be consistent with the socialist legal system with Chinese characteristics。According to the definition bet365 joining bonus code socialist legal system with Chinese characteristics at the Fourth Plenary Session bet365 joining bonus code 18th CPC Central Committee,The rule of law system includes a complete system of legal norms、Efficient legal implementation system、Strict legal supervision system、A strong legal guarantee system and even a complete intra-party legal system。Creating the rule of law、Internationalization、The urgent need to facilitate the business environment,Is an important foundation for the construction bet365 joining bonus code free trade port,The rule of law has also become one bet365 joining bonus code "three pillars" that promotes the ideal business environment bet365 joining bonus code free trade port。From the perspective of development goals,The legal goals bet365 joining bonus code overall construction of Hainan Free Trade Port present phased and continuous characteristics,The laws and regulations adapting to the construction of free trade ports will be gradually improved by 2025,The legal and regulatory system will be more complete by 2035,The static legal norm system supported by relevant laws and regulations,The rule of law must be the ultimate goal,Dynamic expansion and implementation,With special tax system arrangements、Guaranteed by an efficient social governance system and a complete legal system,Constructing Hainan Free Trade Port Policy and Institutional System。
For the legal construction of Hainan Free Trade Port,In addition to the above-mentioned legislation and "adjusting laws and regulations" itself,There should also be corresponding rights and remedies、Systematic regulations on legal supervision and other aspects,This is also the “moving” aspect bet365 joining bonus code overall rule of law construction。The establishment of a diversified commercial dispute resolution mechanism proposed in the "Overall Plan",This is a typical performance,What is needed is international commercial arbitration、International commercial mediation and other non-litigation dispute resolution methods,This is also crucial to achieve the "Hainan version" of modernizing the national governance system and governance capabilities。Strengthening the party’s overall leadership is related to the organization and implementation bet365 joining bonus code “Overall Plan”,The Hainan Provincial Party Committee must not only conscientiously implement the central government’s decisions and arrangements,It is even more important to identify the key points in the construction of intra-party regulations at the provincial level,Catch the highlights,Forming the real focus of party building in Hainan Free Trade Port。
(This article is a phased result bet365 joining bonus code 2020 Hainan Provincial Philosophy and Social Sciences "Hainan Free Trade Port Research" special project "Research on Building an Administrative Management System Adaptable to the Hainan Free Trade Port" (HNSK (ZX) 20-2))
(The author is a professor at Hainan University Law School;Special researcher at the Hainan Academy of Social Sciences Branch Center bet365 joining bonus code Hainan Provincial Research Center for Theoretical System of Socialism with Chinese Characteristics)
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