Regulation Of The Legislative Accommodating Power In Special Economic Zones

As a core feature of the legislative system of Special Economic Zones,the Legislative Accommodating power plays an important role in the practice of reform and development.To truly "make full use of the legislative power of the Special Economic Zones ",it is necessary to use legal frameworks and legal methods to achieve the goal of standardizing the exercise of the Legislative Accommodating power of special economic zones in accordance with the law.Now there are two major factors that restrict the operation of this power:firstly,the misunderstanding,which is reflected in the legislator’s failure to grasp the boundaries between this power and other powers,and the lack of a clear understanding of what constitutes this power;and secondly,the institutional deficiency,which is mainly reflected in the lack of reasonable means of restriction and supervision of this power under the current system.The system suffers from a lack of clarity in the scope of legislative authority,a lack of strictness in the procedural provisions,and a lack of completeness in the supervisory system,which has led to the frequent occurrence of misconduct in the exercise of power in practice.This paper takes the current situation of the regulation of the system and its operation in practice as main contents and focuses on the specific path of regulation of the Legislative Accommodating power to achieve the goal of operational rule of law.This paper takes the operation of power as a perspective and discusses it from three perspectives:theory,institutional regulation and practice.The specific structure of the paper is as follows.First,it analyses the definition,characteristics and nature of the Legislative Accommodating power in the Special Economic Zones,and explores the constitutive requirements of this power.To ensure the existence and effective operation of this power,four constitutive requirements must be present:the source of the power,the subject of the power,the scope of the legislative power and the process of its operation.It is only by limiting these four requirements that a systematic means of regulation can be developed.Secondly,the article analyses the legal norms relating to the Legislative Accommodating power in the Special Economic Zones in China,and analyses the shortcomings of the current system in terms of the authorization link,the subject of power,the scope of legislative power,the legislative process and the legislative supervision system.Further,the article analyses the operation of the Legislative Accommodating power in five Special Economic Zones in China.The main objects of study include legislative examples,explanatory documents of legal texts,and reports of deliberations on legal texts.The article analyses the problems and causes in the operation of the Legislative Accommodating power.Finally,this paper explores effective regulatory paths.From the perspective of internal constraints,the system of delegated legislation should be improved,the limits of the power of legislative adaptations should be clarified,the mechanism of legislative procedures should be improved,and the system of legislative supervision should be improved.From the perspective of external constraints,on the one hand,the democratic supervision system can be strengthened,and the legislative hearing and legislative public system can be improved.On the other hand,a judicial supervision mechanism can be explored,with the Supreme People’s Court supervising and reviewing the provisions of Legislative Accommodating power.