“破舊立新”：改革試驗區建設的法治問題

Breaking the Old and Establishing the New: Rule of Law Issues in the Construction of Reform Pilot Zones

我國的各類改革試驗區建設均涉及大量法治問題，對此可從“破舊立新”的維度加以解析。由於自貿區是改革試驗區的典型代表，其制度實踐涉及各類改革試驗區的共性問題，為此，有必要著重以自貿區為例，一方面從“破舊”的角度，分析國家立法機關對自貿區調整法律適用的授權決定及其存在的法治問題；另一方面從“立新”的角度，結合自貿區制度創新的目標和多層面探索，揭示其對法治動態統一的影響。上述的“破舊立新”，是各類改革試驗區法治建設的基本路徑。在突破舊制度與構建新制度的實踐中，會形成持續的“破立循環”，需要處理好改革與法治、發展與法治、政府與市場、中央與地方“四大關係”；揭示其中蘊含的“破立之道”，有助於促進改革試驗區的法治建設，豐富和提煉相關法治理論和發展理論，推動經濟法學、發展法學等相關學科的發展。

The construction of various reform pilot areas in our country involves a large number of rule of law issues, which can be analyzed from the dimension of ''breaking the old and establishing the new''. As the Free Trade Area is a typical representative of reform pilot areas, its system practice involves the common problems of various reform pilot areas, so it is necessary to focus on the Free Trade Area as an example, on the one hand, from the perspective of ''breaking the old'', to analyze the authorized decision of the national legislature to adjust the application of law in the Free Trade Area and its existing rule of law issues; On the other hand, from the perspective of ''establishing the new'', combined with the goal of institutional innovation and multilevel exploration of Free Trade Area, it reveals its impact on the dynamic unification of the rule of law. The above - mentioned breaking the old and establishing the new is the basic path for the construction of the rule of law in various reform pilot areas. In the practice of breaking through the old system and establishing the new system, a continuous ''cycle of breaking and establishing'' will be formed, which needs to deal with the ''four relationships'' between reform and the rule of law, development and the rule of law, government and market, and central government and local governments; Revealing the ''path of breaking and establishing'' will help to promote the construction of the rule of law in the reform pilot area, enrich and refine the related theories of rule of law and development, and promote the development of economic law, development law and other related disciplines.