June 1, 2020,"General Plan for the Construction of Hainan Free Trade Port" (hereinafter referred to as "General Plan") was officially released,This is a blueprint for the overall construction of Hainan Free Trade Port,Among them, there are more than 60 words "law",The thinking of the rule of law is very clear,The term "rule of law" has 11 places,The tendency of "building a port according to law" is very obvious。For the "Overall Plan", the framework of the "rule of law system" is designed,What needs to be constructed is based on the Hainan Free Trade Port Law,Free Trade Port Rule of Law System with local regulations and commercial dispute resolution mechanisms,Then create a world -class free trade port rule of law。
bet365 best casino games The overall construction of Hainan Free Trade PortThe main line and key point of the rule of law
Hainan Free Trade Port Law is an institutional arrangement of free trade ports in legal forms,It is the first time that the country has adopted an attempt to make economic legislation in a special region,It is intended to provide principles for the construction of free trade port、Basic rule of law protection。For the previous "1+3+7+1+6" free trade test area,The state has no attempt to conduct unified legislation,No corresponding separate legislation。As a higher level of open form,Free Trade Port needs special legislation,This is not only a unique "test" for the country's comprehensive deepening reform,It is also an important step in integrating international economic integration,Is a window for China's legal system docking international legal system,Need to be reflected at the national legal level。Hainan Free Trade Port needs to form a relatively unique rule of law system,Innovative integration of institutional innovation integration with multi -level and multi -field legislation under the leadership of the Port Law of Free Trade。
Bet365 lotto review In the "Four Beams and Eight Pillars" that reflect the characteristics of free trade ports in "Freedom and convenience of trade" and "Freedom of Investment","Freedom of Trade" requires customs supervision。The "Interim Regulations on Anti -smuggling of Hainan Province", which was implemented on April 1, 2020, created a blueprint for free trade port and customs in accordance with the law,An important barrier when becoming a "front line" release,It and "Customs Law of the People's Republic of China"、Hainan Free Trade Port Policy and Measures Connect,It is clearly stipulated that the prohibition of violations of the country and Hainan Province on the import of goods on free trade ports、Relevant regulations on the supervision of items。Based on this,The focus of the next step is how to control the "second line" through specific rules.,To achieve the goal of promoting trade liberalization and facilitation in accordance with laws and regulations。For "freedom of investment",First of all,This is the "homework" that Hainan Free Trade Port must conduct in -depth in the field of "decentralization and management"。At the same time after completing the optimization of the market access system,What needs to be strengthened is to strengthen and optimize antitrust law enforcement,This is also an important spirit of the "Opinions of the Central Committee of the Communist Party of China on the Opinions of Accelerating the Improvement of the Socialist Market Economy System" on May 11, 2020,It is the specific expression of consolidating the basic system of the market economy and ensuring fair competition in the market in Hainan Free Trade Port。In terms of property rights protection,It needs to be implemented with laws and regulations such as corporate law,Follow the "Civil Code" that is about to be implemented in January 2021。
In terms of special tax system construction,"Strong rule of law" is proposed as a special principle,It is necessary to take corresponding measures to illegal companies and individuals in accordance with laws and regulations,It is intended to gradually Bet365 lotto review establish a tax system that is compatible with high -level free trade ports。From the perspective of means,Also through credit classification supervision、Defense punishment and other specific mechanisms to achieve,This is also a manifestation of social governance requirements,What needs to be strengthened is regulatory legislation and law enforcement,Reinforcement of the formulation and implementation of relevant legislation including the "Hainan Provincial Social Credit Regulations"。
Multi -pronged approach: "Two legislative power" and"Regulations and regulations" promote the construction of the rule of law system
On June 16, 2020, the 20th Meeting of the Standing Committee of the Sixth People's Congress of Hainan Province adopted the "Resolution of the Standing Committee of the Hainan Provincial People's Congress on Implementation of the General Plan for the Construction of Hainan Free Trade Port",Special mentioned that the use of "two legislative power" and the relevant legislative authorization of the Standing Committee of the National People's Congress,Accelerate the supporting support with the national legal system、Conflict with international practice、A regulatory system that is compatible with the construction of free trade ports。For Hainan,The legislative power of the Special Economic Zone still exists and plays important functions,"Overall Plan" requires that following the constitutional provisions and laws、On the premise of the basic principles of administrative regulations,Support Hainan to fully exercise the legislative power of the Special Economic Zone,The exercise of this legislative power is mainly based on the actual situation of the construction of a free trade port,Adhere to the direction of reform、Question orientation。
April 13, 1988,First Session of the Seventh National People's Congress adopted the "Resolution on Establishing the Hainan Economic Zone" (hereinafter referred to as "Resolution"),"Devit for Hainan Island as the Special Economic Zone of Hainan","Authorized Hainan Provincial People's Congress and its Standing Committee,According to bet365 live casino games the specific situation and actual needs of the Hainan Economic Zone,Follow the relevant national laws、The National People's Congress and its Standing Committee's relevant decision and the principles of relevant administrative regulations of the State Council formulate regulations,Implementing in the Special Economic Zone of Hainan "。In the "Overall Plan" this time,It also emphasizes the implementation scope of the Hainan Free Trade Port as "Hainan Island"。Visible,"Resolution" and "Overall Plan" are in the direction of power awarding and operating。According to the provisions of Article 90 of the Legislative Law,Economic Special Economic Zone Regulations According to the authorization, the law、Administrative Regulations、Local regulations make the stipulation of changes,Regulations on applicable to the Special Economic Zone Regulations in this Special Economic Zone。This legislative power compared to general local legislative power,Special legislative rights that belong to strong effect,The scope of the Special Economic Zone is incompletely consistent with the scope of Hainan Province,It also requires Hainan to exercise the legislative power of the Special Economic Zone,It must be taken into account the situation outside the province's islands。Similarly,Free Trade Hong Kong legislation also needs this legislative thinking,Under the premise of legislative power of the Special Economic Zone,Being a way to the spirit of legislative,Its intention is to explore and establish more flexible and efficient laws and regulations that adapt to the construction of free trade ports,At the same time, it does not break the pattern of general local legislation in Hainan Province,To achieve "two legislative power" in parallel。The "Regulations on the Regulations on the Cancer of the Commercial Cancellation of Hainan Free Trade Hong Kong", "Regulations on the Bankruptcy", "Regulations on Fair Competition" and "Regulations on Revolution" and other overall schemes,and "Regulations on the Internet Security Regulations of Hainan Free Trade Port", such as the corresponding legislation that has not been listed bet365 live casino games in the "General Plan",Both will become the preliminary results under the "two legislative power" pattern。
Beyond the "two legislative power","Overall Plan" specifically mentioned that it is necessary to give full legal authorization to the free trade port,For the various reform measures proposed in the "Overall Plan",Anyone involving the need to adjust the current law or administrative regulations,Implementing after being unified by the National People's Congress and its Standing Committee or the State Council,This requires research to simplify the working procedures for adjusting the current laws or administrative regulations。June 18, 2020,State Council Decision,Temporarily adjusted and implemented the "Regulations on the Guarantee of Customs Affairs of the People's Republic of China", "Regulations on Import and Export Tariffs of the People's Republic of China", "Regulations on the People's Republic of China" of the People's Republic of China, "Regulations on the People's Republic of China" in China Regulations and Regulations on the Management of Domestic Waterway Transportation,It is also the pre -"test water" for this power operation,More relevant legislation will enter the adjustment stage,"Regulations and regulations" will become a special rule of law landscape in the next step of Hainan Free Trade Port。
Dynamic and static combination: Special rule of law in the overall construction of Hainan Free Trade Port
Free trade ports with Chinese characteristics need to fit the socialist rule of law system with Chinese characteristics。According to the definition of the socialist rule of law system with Chinese characteristics according to the Fourth Plenary Session of the 18th Central Committee of the Party,The rule of law system includes a complete legal specification system、Efficient rule of law implementation system、Strict rule of law supervision system、The powerful rule of law guarantee system and even a perfect party regulatory system。Create the rule of law、Internationalization、The urgent need for the convenient business environment,It is an important foundation for the construction of bet365 live casino games a free trade port,The rule of law has also become one of the "three feet" that promotes the ideal business environment of the free trade port。From the perspective of development goals,The rule of law goals of the overall construction of Hainan Free Trade Port presents staged and persistent characteristics,that is, the laws and regulations that adapt to the construction of free trade ports by 2025 will be gradually improved,By 2035, the laws and regulations system will be more sound,Static legal specification system supported by relevant laws and regulations,also need to use the rule of law as the ultimate goal,Dynamic expansion and put into implementation,Special Taxation System Arrangement、Efficient social governance system and a complete rule of law system are guaranteed,Construction of Hainan Free Trade Port Policy and System。
For the construction of the rule of law in Hainan Free Trade Port,In addition to the above legislation and "regulatory regulations" itself,There should be corresponding rights relief、Regulations on the rule of law supervision and other regulations,This is also the "movement" of the overall rule of law。The establishment of a diversified commercial dispute resolution mechanism proposed in the "Overall Plan",is a typical expression,What you need is to provide international commercial arbitration、International commercial mediation and other non -litigation dispute solutions,This is also important for the "Hainan version" that achieves the modernization of the national governance system and governance capabilities。Strengthening the party's comprehensive leadership is related to the organization implementation of the "Overall Plan",The Hainan Provincial Party Committee must not only conscientiously implement the central government's decision -making deployment,It is also necessary to find a focus on the construction of the party's party and regulations at the province level,Grab the highlights,The true focus of forming the party building of Hainan Free Trade Port。
(This article is the bet365 Play online games special topic of "Construction of Administrative Management Systems Compatible with Hainan Free Trade Port" (HNSK (ZX) 20-2) in Hainan's philosophical and social sciences "Research on Hainan Free Trade Port" in 2020.
(The author is a professor at the School of Law of Hainan University; Special Researcher at Hainan Academy of Social Sciences, Hainan Academy of Social Sciences, Hainan Province)
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