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See Through Reform In The Free Trade Area

2015/3/3 22:09:00 29

Free Trade ZoneReformLaw

In the fourth Plenary Session of the 18th CPC Central Committee, the party clearly pointed out that "realizing the linkage between legislation and reform decision-making, and making major reforms in accordance with the law, and actively adapting to the needs of reform and economic and social development".

In 2014, I participated in the local legislation on the Shanghai free trade area, which was a successful case of "convergence of legislation and reform policy".

Before the launch of the Shanghai Free Trade Zone, the state has formulated the general plan for China (Shanghai) free trade pilot area.

Authorized by the Standing Committee of the National People's Congress, the State Council decided to suspend the use of foreign investment laws within the FTA.

We sorted out more than 90 items of preliminary examination. At that time, we found 4 laws and 15 administrative regulations and 3 State Council decisions. In fact, there are more laws that may need to be adjusted.

In April 2014, the municipal government submitted a draft local legislation for the free trade area. The Standing Committee of the Shanghai Municipal People's Congress adopted the "China (Shanghai) free trade pilot zone Ordinance" on the first trial of June, the second trial in June and the three trial in July 25th.

The speed is very fast, the schedule is very tight, but the procedure is not reduced, but also more prudent.

We were very entangled in the process of legislation.

The difficulty of legislation in the free trade area lies in how to deal with the relationship between the "free trial, bold trial and independent reform" and the "free trade zone", the "major reform in the legal basis", the relationship between the restraint of local legislation and the leading and forward-looking legislation, and the relationship between the regulations and the general plan approved by the State Council.

Compared with the draft submitted by the government, the Standing Committee of the Shanghai Municipal People's Congress finally passed the regulation, with an amendment rate of 80%.

At that time, the FTA started half a year ago, with some curable innovative practices, but there are still many concepts that are not clear enough. Many problems remain to be explored, such as how to coordinate the relationship between the FTA and the government departments and the Pudong New Area government.

The innovation of FTA is dynamic.

Laws and regulations

It is difficult to exhaust all kinds of governance measures and solve all problems.

system

Innovation space.

For example, the original draft legislation clarified the scope of the FTA, that is, the four functional areas of Pudong, with a total area of 28.78 square kilometers.

We got rid of it in the process of deliberation.

Sure enough, it took more than a year, Shanghai.

fta

The capacity has been expanded.

I also feel the importance of democratic legislation in the formulation of the regulations of the Shanghai free trade zone.

The breadth and depth of legislation for opening the door determines the quality of legislation, and when we make laws and regulations, we can get more loopholes.

In the drafting and formulation process of the relevant laws and regulations in the free trade area, we opened a legislative open day in the service hall of the free trade area, directly facing the clients who were dealing with business, and consulted their views on the bill.


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