The Rule Of Law Guarantee Toimprove The Investment Facilitation Measures Of China’s Free Trade Pilot Area

At present,the international economy continues to be sluggish,and investment has increasingly become an important force driving the steady development of the world economy.To reverse the economic downturn,improving the market allocation of capital and expanding infrastructure investment in the world sector have become effective measures.Therefore,improve the level of investment facilitation,welcome investment from all over the world,become the one of the most important hot topic in free trade area,this paper argues that all investment facilitation measures refers to the investment cycle,investment in the host country to take everything makes the regulation efficiency of investment and investment management to maximize the effectiveness of the actions.In order to promote the further improvement of relevant measures in the pilot free trade zone,this paper will discuss the establishment and improvement of its legal guarantee measures from the aspects of legislation,law enforcement,judicature and law abiding.For example,in the legislative field,the reform is not led by the rule of law,the law enforcement drive is greater than the legislative drive when the relevant measures are improved,the absence of legislation at the national level,the low level of regulations and regulations in the pilot free trade zone,and the low transparency of policies and regulations.In the field of law enforcement,the government-dominated management system is not conducive to market operation,front-line management departments do not have independent legal status,the division of authority among various agencies is unclear and the cooperation ability is insufficient,etc.In the judicial field,the dispute settlement mechanism is too single,and there are few arbitration and mediation practices on investment facilitation.In the field of law abiding,the lack of industry participation in legislation and industry autonomy makes the development of investment facilitation lack the participation of enterprises.In view of these problems,this paper puts forward a series of countermeasures to establish and improve the legal guarantee based on the experience of replicating and promoting the advanced free trade zone in China and the advanced experience of free trade zone in foreign countries.For example,in the field of legislation,we should establish and improve the system of authorized legislation,clarify the principle of transparency and increase legislation at the national level.In the field of law enforcement,the separation of law enforcement and operation should be promoted,the legal status of front-line management departments should be clarified,the authority and responsibility of each department should be clarified,and management levels should be reduced.In the judicial field,we will explore a diversified mechanism for resolving disputes related to investment facilitation,invite experts and judges to hear cases related to investment facilitation,and establish and improve an arbitration and mediation mechanism for investment facilitation.In the field of law-abiding,we will promote industry participation in legislation and strengthen industry autonomy.