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Study On The Legislation Model Of China Free Trade Port

Posted on:2021-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:W W TanFull Text:PDF
GTID:2416330602487842Subject:legal
Abstract/Summary:PDF Full Text Request
Free trade port is a major national strategy for China to build a new pattern for its reform and opening-up efforts,and also the freest and most open form of China's special economic zone that is geared to the highest standards internationally.The report at the 19th National Congress of the Communist Party of China(CPC)put forward the necessity for China to "explore the construction of free trade ports".Later,on the conference that celebrated the 30th anniversary of the establishment of the special economic zone in Hainan Province,General Secretary Xi Jinping formerly announced the construction of a free trade port in Hainan,the first of its kind in China.The second session of the 13th National People's Congress held on March 15,2019 reached a consensus on the work report of the Standing Committee of the National People's Congress.The suggestion of the Hainan delegation was adopted to carry out legislation investigation and drafting of the free trade port in Hainan.On that basis,the legislation of free trade ports in China was officially put on agenda.The "Hainan Free Trade Port Law" has been mentioned twice in the "General Programme for the Construction of Hainan Free,Trade Port".All this suffices to show the urgency of free trade port construction in China.However,the top priority is legal construction.The legislation model is an important prerequisite to realize rule of law among China's free trade ports,so to study the legislation model holds vital theoretical and practical significance.This paper adopts the legislation model of China's free trade ports as the research object,and carries out the.research in five chapters.Chapter 1 expounds on the basic concepts of free trade ports in China,including relevant concepts of "free trade port",definition and classification of "legislation model" and "free trade port legislation model",and definition of "legislation model of free trade port in China",and the conceptual system to establish the legislation model for free trade ports in China..Chapter 2 analysis that the mixed legislation model does not apply to China's free trade ports,focuses on analyzing the mixed legislation model in China's free trade ports,studies the authorized legislation under the legislation model,and finally summarizes problems existing in the mixed legislation model.Chapter 3 revolves around the unified legislation model of free trade ports for a more thorough investigation,including the origin of unified legislation in international laws,and the unified legislation model of extraterritorial free trade ports in two representative countries,namely the United States and South Korea.Analysis results show that the unified legislation model is not suitable for China's free trade ports.Chapter 4 examines how the separate legislation model is the optimal choice for China's free trade ports,studies the separate legislation model of representative free trade ports in Taiwan and Russia,and summarizes advantages of the separate legislation model.Chapter 5 summarizes the research findings of the previous chapters,and puts forward suggestions for the choice of the legislation model for China's free trade ports,including abandoning the mixed legislation model and adopting the separate legislation model,formulating the "Law of the People's Republic of China on Free Trade Ports",identifying the scope of legislation to be adjusted by the separate legislation model,giving full play to the local legislation advantages of free trade ports,and properly adopting authorized legislation for the period when free trade pilot zones in China transition to free trade ports.
Keywords/Search Tags:China's Free Trade Port, Legislation Model, Separate Legislation, Unified Legislation, Mixed Legislation
PDF Full Text Request
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