| The principle of transparency is one of the basic legal principles on which the World Trade Organization(WTO)depends for its existence,development and expansion.It plays an important role in the WTO legal system and has become a consistent principle.At the same time,transparency rules is also one of the basic characteristics of the rule of law and has a very important meaning and effect for the realization of the rule of law in our country.Since China’s accession to the WTO,China has initiated a series of reforms in its legal system.In particular,in some aspects related to the transparency of administrative law,it has reached the standard of the WTO requirements.However,it is undeniable that the status quo of transparency of the rule of law in our country still remains unsympathetic.There still exists"Internal documents" and "internal decisions".The law not only requires that the administration be open and transparent,but at the same time it gives the executive authorities a great deal of discretion.These are still far from the transparency required by the developed countries.In recent years,transparency rules has been developing rapidly in the field of investment in our country.It has gone through nothing,from simple sentences to detailed provisions in a chapter.This shows that transparency rules is increasingly valued by all countries and is indispensable in the fields of trade as well as investment.transparency rules lags behind in the field of investment in our country.In the United States,it has become more sophisticated through the application and development of its domestic law and NAFTA free trade agreement and the adoption of BIT versions.It can provide a lot of experience for the development of transparency rules in our country.The establishment of China(Shanghai)Pilot Free Trade Zone(hereinafter referred to as "Shanghai FTZ")is a great innovation in the course of reform and development in our country.The reform measures of the Shanghai FTZ are all trying their best to link up with international rules instead of starting a new one.The establishment of the Shanghai FTZ is to provide all investors with a more open and fair investment environment.In order to increase its attractiveness,the Shanghai FTZ has taken a number of innovative measures such as an investment management system with a negative list as its core and post-access supervision.These innovations all need to be protected by a sound legal environment.A good rule of law environment not only requires a sound legal system,but also has a transparent operating environment of the rule of law.In view of the fact that the overall transparency of law environment in our country is still not good,we can take a pilot first in the free trade zone and start with the improvement of the national environment of transparency rules and the optimization of the soft environment.We should strengthen the transparency of the legal environment,and eventually forming a national replication experience.This thesis contains four parts.The first part introduces the current status of the use of transparency rules in the Shanghai FTZ.The establishment of the Shanghai FTZ is a need for connecting with new international economic and trade rules and standards.It is a requirement for domestic economic restructuring and development,and an opportunity to force the transformation of government functions.Free trade area is a new thing.There are many innovations and advancements in the development process.Compared with other free trade areas,its emphasis on transparency rules is at the forefront of the practice of the rule of law in the country.The legislation in Shanghai FTZ currently embodies transparency rules in the formulation of legal documents,information dissemination and public participation.The second part introduces the efforts and deficiencies in improving transparency since China joined the WTO.Before China’s accession to the WTO,it still has many complicated and even backward laws,rules and regulations,and even"internal decisions".The current status of the transparency of the rule of law is not optimistic.In order to meet the relevant requirements of the WTO on transparency rules,our country has made a lot of efforts in terms of legislation,administration and judicature.However,due to the influence of the rule of man,fear of litigation and other traditional thoughts in our country for thousands of years,a high level of transparent environment for the rule of law has not yet been realized and the construction of a government under the rule of law is still on the way.The third part introduces the new development of transparency rules in China’s foreign investment field.Compared with the lack of transparency of the rule of law in the domestic environment,transparency rules have been continuously improved along with the development of China’s international investment.The Chinese-foreign investment agreement establishes specific transparency obligations such as exchanging legal information and investment opportunities,publishing or otherwise making known to the public the availability of relevant information,notices and information,the advance publication of information,and the provision of public commentary opportunities.However,in comparison with the US 2012 BIT high transparency obligation,the terms of China’s transparency rules need to be further refined.The fourth part proposes several suggestions for improving the transparency rules of the Shanghai FTZ.China should start with improving the external environment and the internal soft environment,responding to the call made by the 19th National Congress of the Communist Party to give the Free Trade Area greater autonomy in reforms and building a free trade port,giving full play to the subjective initiative of the local government,and deepening The existing transparency rules will enhance the transparency of the legal environment of the free trade zone,optimize the business environment,improve the level of government services,and increase the creativity,attractiveness and competitiveness of the Shanghai FTZ. |
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