Abstract: By analyzing the historical evolution of the scope of application of regulations of special economic zones as well as the legal limitations of “application within the zones”, this article reveals the essential differences in legal effect between the application of regulations of special economic zones “within the zones” and their application “outside the zones”. In view of the legislative value drawbacks of such phenomena as “one city, two laws” and “dual legislative power”, this article proposes to formulate a Basic Law on Regulations of Special Economic Zones to replace the vague authorization decisions of the National People’s Congress stipulated in the current Legislation Law as the legislative basis for regulations of special economic zones. On this basis, China should strengthen the review of the constitutionality and legality of the regulations of special economic zones to ensure that they do not conflict with the national constitution, laws, and administrative regulations and to uphold the authority of the principle of the unity of the legal system, which is an important principle of the Constitution-centered socialist legal system with Chinese characteristics. This article fully affirms the positive significance of retaining the legislative form of regulations of special economic zones and proposes that, in cases where the local regulations formulated by the municipal people’s congresses where special economic zones are located and their standing committees are completely consistent with the scope of application of the regulations of special economic zones, the power of the municipal people’s congresses and their standing committees to formulate local regulations be revoked and their substantive power to formulate regulations of special economic zones be retained, so to win more legislative space and development opportunities for special economic zones.

Key Words: regulations of special economic zones; authorized legislation; effect within the economic zone; effect outside the economic zones; Basic Law on Regulations of Special Economic Zones 

Author: Mo Jihong, research fellow and director of CASS Institute of Law.

Source: 6 (2023) Peking University Law Journal.