Research On Judicial Guarantee For The Construction Of Pilot Free Trade Zones

The strategy of the Pilot Free Trade Zone(hereinafter referred to as “PFTZ”)is an important attempt by China to coordinate the development pattern at home and abroad,actively expand the opening to the outside world,and integrate into and build a new international economic and trade order.The construction of the PFTZ is inseparable from the guidance of the rule of law,and the judicial guarantee mainly based on the people’s courts is the ballast stone to strengthen the stability and predictability of the rule of law construction in the PFTZ.In recent years,global economic development has been weak and unilateralism has been on the rise,making the advocacy of multilateral cooperation,win-win cooperation and the hope of building a new international economic and trade order facing daunting challenges.Against this background,the judiciary can be very helpful.Through the use of case collection,literature analysis and other methods,this paper reviews the status quo of judicial safeguards in the past ten years of construction of PFTZ.It clarifies that there are inconsistencies in the application of laws in current judicial practice.Unification,the unsmooth operation of the foreign law identification mechanism,and the unclear rules for the procedure conversion of the dispute resolution mechanism,it is proposed that under the basic principles of establishing trial concept innovation,and focusing on the construction of a “differential order synergy”pattern,clarify the criteria for identifying cases involving “foreign-related factors”,the assignment of responsibilities for the identification and application of foreign laws,and the rules for transforming dispute resolution mechanisms.The first part clarifies the basic concept of PFTZ,expounds the legislative basis for the construction of PFTZ,and clarifies that in addition to the State Council’s power to “temporarily adjust(stop)” the application of laws in PFTZ,The provincial and municipal governments,people’s congresses and their standing committees where the district is located also have the right to adjust the legal system in the district.The duallevel adjustment of the legislative system has raised concerns about the inconsistent application of laws within and outside the region.The second part clarifies the connotation and extension of the judicial guarantee for the construction of the pilot free trade zone,and expounds that the construction of the pilot free trade zone has the particularity of active debugging and “active development of the law” within a certain limit,which is to break through the inherent limitations of the law.It is an important support for the establishment of a law-based business environment,a strong guarantee for expanding opening up,and an important force for maintaining national judicial sovereignty and economic security.In addition,it also sorts out the status quo of judicial safeguards for the construction of my country’s Pilot Free Trade Zones.The third part expounds many problems existing in the construction of the PFTZ at present.The emergence of new types of legal relationships in judicial practice,the unclear standards for identifying foreign-related cases,the unclear distribution of responsibilities for the identification and application of foreign laws,and the singlepointed results have brought challenges to the consistency and fluency of law application;“all-round” disputes The lack of scientificity in the setting of the triage evaluation rules for the resolution mechanism and the poor fluency of the procedure conversion have affected the efficiency and fairness of dispute resolution;in addition,the security and integration of the electronic delivery mechanism is insufficient,and the professionalism of the judicial team construction needs to be Improvement also needs attention.The fourth part is to put forward suggestions for improving the judicial guarantee for the construction of PFTZ.We should follow the basic principles of judicial concept innovation,and build a “differential order synergy” pattern,further clarify the rules for identifying foreign laws and clarify the applicable standards of law,and explore the establishment of a multilateral economic and trade agreement led by the Shanghai PFTZ.Cases that occur in the PFTZ shall be uniformly applied in accordance with the agreement;enhance the professional level of trial talents in the PFTZ,reasonably exert judicial initiative and discretion in the case of insufficient legislation,and promote the efficiency and fairness of the application of the law;clarify the “All-round” Dispute Resolution Mechanism Procedure Transformation Rules to improve the fixation and circulation of case facts and dispute focus during procedure transformation;optimize the information delivery platform for PFTZ-related cases,refine the foreign-related delivery process,and integrate electronic delivery resources,to enhance the confidentiality and convenience of file transfer.