Research On Risk Prevention And Control System Of Authorized Legislation Of Free Trade Port With Chinese Characteristics

The development of the authorized legislative system should be based on the innovation of the legislative system to ensure that the economic construction is based on the law.The development of the authorized legislative work of the free trade port should be based on the value concept of the Free Trade Port Plan,standardize the legislative power and procedures,and prevent and defuse the risks of the authorized legislation.In accordance with the Constitution,the Legislation Law and other laws,the basis,basic principles,authority content,and relevant procedures of authorized legislation,and clearly defined the risk elements of authorized legislation are standardized,aiming to keep the bottom line of legislation and prevent the occurrence of major risks.Through the review of the authorized legislative system and experience at home and abroad,it can be seen that the authorized legislative work of free trade port first needs to clarify the current legislative development status of "triple legislative power",and define the relevant powers from the aspects of normative sources,main elements and authority matters.Analyze the risk situation of authorized legislation in free trade ports,explore the risk relevance of authorized legislation in the fields of trade,investment,finance,data flow and ecological public health,predict risks from both entities and procedures,and establish the correct concept of legislative risk prevention and control.In terms of physical risk elements,according to the five "free and convenient factors" mentioned in the Free Trade Port Law,the physical risks of authorized legislation are analyzed from the aspects of economic risk elements and public security risk elements.In terms of procedural risk elements,the filing rules of authorized legislation in the free trade port are faced with the problem of legal innovation and unified balance of legal system.The coordination form of "joint legislation" increases the probability of risk factors in the legislative reform.How to give full play to the role of "four beams and eight pillars" of the Free Trade Port Law,promote the construction of free trade ports and fill the gap of system design is the technical risk problem faced by the authorized legislation of free trade ports.Combined with the two development stages of China’s authorized legislation,the experience of free trade port is explored and pointed out that the scope and definition of authority,the lack of legal basis for special procedures and the regulatory mechanism need to be improved.Therefore,it is urgent to take the innovative legislative effect evaluation and legislative report feedback mechanism as the foothold.In terms of entity regulation,we should improve the legislative supervision function of specialized agencies and improve the risk accountability mechanism.In terms of procedural regulation,we should innovate the filing and review system of authorization legislation,correctly understand the new form of "joint legislation",accelerate the formulation of special resolutions on authorization legislation of free trade ports,and provide a theoretical and institutional basis for the construction of the regulatory system of free trade ports.