With the expansion of the pilot free trade zone, strengthening the construction of the rule of law in the pilot zone is increasingly on the agenda. The construction of the rule of law in the pilot free trade zone depends not only on national legislation, but also on the innovation of local legislation. However, on the one hand, the current local legislative power is too small to support the heavy task of the construction of the rule of law in the experimental areas, so legislative authorization must be strengthened; on the other hand, the current authorized legislation system of our country has many disadvantages, and it is difficult to adapt to the reality of the construction of the rule of law in the pilot free trade zone. The drawbacks of the delegated legislation system are as follows: only the State Council and the special economic zones are authorized subjects, and most of the pilot free trade zones are not authorized subjects, unable to obtain any legislative authorization. The authorized legislation stipulated in Article 13 of the Legislative Law only solves the problem of “breaking” but not the problem of “establishing”, and cannot provide specific legal norms for the experimental area. Therefore, it is necessary to innovate the authorized legislation system, especially to construct the authorized legislation system for the local legislature of the pilot free trade zone. The positive role of the innovative authorized legislation system lies in: firstly, for the pilot free trade zones with great differences, authorized legislation can provide them with targeted legislative norms; secondly, in view of the developed economy of the pilot free trade zone, authorized legislation can provide it with a higher level of legislative norms; thirdly, in view of the current situation of the local legislative power of the pilot free trade zone, authorized legislation is the key to solving the problem of limited local legislative authority in the experimental area. At present, it is necessary to amend the “Legislation Law” to make clear that the local legislature of the pilot free trade zone is the authorized subject, so as to lay a foundation for authorized legislation. Local legislatures of the pilot free trade zone should be allowed to adopt the model of flexible legislation to make some changes to the upper law. In addition, in order to overcome the shortcomings of the prior authorization legislation, accurate authorization can be adopted for the test area, and one area one authorization and one case one authorization can be implemented.At present, the research on the construction of the rule of law in the pilot free trade zone mostly stays in the existing framework of the Legislation Law. There are few studies on the reflection of the authorized legislative system itself, much less on the reconstruction of the authorized legislative system. This paper chooses the innovation of authorized legislative system as the entry point, and proposes that the local authorities of the pilot free trade zone should be the authorized subjects, and strengthen their precise legislative authorization. Through rigorous demonstration, this paper explores the innovation and perfection of the authorized legislation system to provide theoretical support for promoting the rapid development of the pilot free trade zone.
王敬文, 王春业. 我国自由贸易试验区扩容背景下授权地方立法制度构建[J]. 浙江大学学报(人文社会科学版), 2022, 52(9): 154-168.
Wang Jingwen, Wang Chunye. Construction of Authorized Legislation System under the Background of Expansion of China’s Pilot Free Trade Zone. JOURNAL OF ZHEJIANG UNIVERSITY, 2022, 52(9): 154-168.