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自2013年8月上海自贸区成立至今,上海自贸区的法律体系已经初见雏形,但目前自贸区的法律体系过于分散、杂乱,尤其是大量授权立法的存在,其中既有全国人大常委会和国务院对上海市的授权,又有上海市人大常委会对上海市政府和自贸区管委会的授权;此外还出现了“授权暂时调整实施”的新形式,对这些授权立法效力等级的不同理解使得自贸区法律体系的内部关系更为复杂,也给当事人的法律选择、司法的法律适用及监督救济带来困惑。
Since the establishment of the Shanghai Free Trade Zone in August 2013, the legal system of the Shanghai Free Trade Zone has taken shape. However, the legal system of the free trade zone is too fragmented and disorderly at present. In particular, there are a large number of authorized legislations, including the NPC In addition, the Standing Committee and the State Council authorized Shanghai Municipality, as well as the authorization of the Shanghai Municipal People’s Congress Standing Committee to the Shanghai Municipal Government and the free trade zone management committee. In addition, a new form of “authorizing the temporary adjustment of implementation” Different understandings of the level of legislative power make the internal relations of the legal system of the free trade zone more complicated, which also brings confusion to the parties’ choice of law, application of judicial law and supervision and relief.