“先行先试”立法模式,是处理改革与法治关系的重要选择,是统筹“依法改革”与“立法先行”的较优安排。在中国自贸区立法实践中,这种立法模式得到较好运用并发挥重要作用。梳理和总结自贸区立法得出,“先行先试”立法模式具有试验探索、引领创新和补充完善等功能。同时,这种立法模式也存在困境,进一步完善“先行先试”立法模式,将为今后相关立法提供助益。
<<The “early and pilot implementation” legislation mode is an important choice to deal with the relationship between reform and rule of law as well as a better arrangement to coordinate “reform by law” and “legislation in advance”. In the legislative practice of China Free Trade Zone,such legislation mode has been implemented in a proper way and has played an important role. By reviewing and summarizing the legislation in China Free Trade Zone,we may safely draw the conclusion that the “early and pilot implementation” legislation mode has such functions as experiment and exploration,navigation of innovation,and supplementation and completion. In the meanwhile,certain problems also exist in such legislation mode and further optimization thereof will facilitate relevant legislation in the future.
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