“Three Chess Pieces” to Forge Beibu Gulf Legal Highland

written by Chen Libing, Li Min / translated by Ma Jinyu

“Three Chess Pieces” to Forge Beibu Gulf Legal Highland

written by Chen Libing, Li Min / translated by Ma Jinyu

S coastal r ofEe o ucg r noi o a dnn o r e lmi e n g g i io cw anle Z’s e s o t n e en v r ce i n roo ( nCB noh mGmi n eEya n.Z, t ) B ,s i esi t t ish b c e ua r utoGctnh u ia ley lf l confluence of China-ASEAN Free Trade Area (CAFTA), Pan-Beibu Gulf economic cooperation zone and the Greater Mekong Subregion, serving as the "gateway" for China-ASEAN cooperation. However, different regulations and enforcement systems within the BGEZ have restricted the regional economic integration.

In this context, a unified legal system that gives priority to "legislation", "enforcement" and "judicature" is requested in the BGEZ. By deepening reforms on the aforementioned three priorities, a more favorable legal environment or platform will be created to promote common economic development.

Innovate Legislative Mechanisms, Lead the Development of Economy

“The Fourth Plenary Session of the 18th Communist Party of China (CPC) Central Committee emphasizes that sustainable and healthy development of economy and society requires to make better use of the leading and promoting role of legal system. The BGEZ, a border and coastal area, should lead social and economic development by innovating legislative mechanisms and optimizing legal environment,”Cao Quanlai, Director of Legal Research Office of Guangxi Zhuang Autonomous Region, Doctor from China University of Political Science and Law and Post-doctor from Jilin University told our reporter in the interview.

Economic development should make systems go first with a particular emphasis in legislation. According to Mr. Cao, innovative mechanisms of legislation have a great value in application for regional economic and social development. To create new growth in BGEZ, one needs to establish a common "legal system" and form a uniform code of conduct in legal system involving civil law, commercial law, administration, fi nance, intermediary services etc.

He claimed, different policies and management systems of six cities in the BGEZ varied different coordination mechanisms, causing poor flow of elements like capital, talents, technologies and information, low-level duplicated construction, disorderly competition and huge waste of resources, money and talents. This will do harm to the whole interest of the region and affect the economy of the six cities. Therefore, it is imperative to strengthen legislative innovations in the BGEZ. The breakthrough is to establish a common legal system and legislative cooperation mechanism, and set up unified market access rules, government service platform and information sharing platform, thus to create an excellent legal environment.

In this context, a unified legal system that gives priority to "legislation", "enforcement" and "judicature" is requested in the BGEZ. By deepening reforms on the aforementioned three priorities, a more favorable legal environment or platform will be created to promote common economic development.

Mr. Cao briefed that Beibu Gulf Economic Zone Ordinances enacted in 2010 is the highest level of local legislations and has a great sign ifi cance for the development of the BGEZ. But it has fl aws and needs further improvement as the BGEZ develops. Hence, local laws and government regulations like Provisions of Administrative Procedure of Guangxi Beibu Gulf Economic Zone, Provisions of Administrative Law Enforcement Procedures and Guangxi Beibu Gulf Economic Zone Planning and Management Measures for Major Projects’Approval and Filing should be formulated through the form of local legislations. Relevant local legislations involving fi nance, cross-border tourism, ecological and environmental protection should be enacted as well.

Besides, the basic role of market in allocating resources is indispensable during the development of the regional economy. With regard to this, Mr. Cao explained, we should be proactive in the course of legislation, utilize legislation to guide the development of economy, thus to minimize government’sintervention in economy. For example, with the fu lfi llment of “market access negative inventory management” and the establishment of “administrative licensing power listing,” government departments “can not intervene unless it is mandated by the law” and market entities “can do anything which are not prohibited by the law.” In this way, we can attract investment and inspire market vitality.

Eliminate Differences of Six Cities, Unify Enforcement Standards

"Urban law enforcement integration is an important part for the integration of legal system in the BGEZ. Different collaboration mechanisms of law enforcement is a considerable problem, which needs the BGEZ to set up a un ifi ed platform for information and communication among six cities and achieve ‘information interchange, mutual recognition of regulations and mutual assistance on law enforcement’ in multi-area,” said Mr. Cao. For instance, drivers whose cars registered in Nanning violate traffic regulations in other five cities within the BGEZ can pay fines in any of six cities. This not only brings great convenience to the people, also facilitates the development of legal system of the BGEZ.

Mr. Cao also believed, the BGEZ needs to set up a comprehensive enforcement bureau, which will coordinate the law enforcement affairs of six cities and unify enforcement standards related to land, business, inspection and quarantine and drugs supervision and administration etc. “Currently, the conditions for building a comprehensive enforcement bureau in BGEZ are ripe. As the Fourth Plenary Session of the 18th CPC Central Committee and the People’s Government of Guangxi Zhuang Autonomous Region all advocate the comprehensive enforcement, the BGEZ can take it as a breakthrough to realize urban law enforcement integration,” said Mr. Cao.

Moreover, Mr. Cao added, an administrative examination and approval department is also needed so as to implement “one-stop service.” All those require the six cities to emancipate their minds and break the inherent interests patterns.

"Vigorously promote online approval system" is one of the contents for BGEZ to deepen reforms. As Mr. Cao said, the shortcomings of administrative management system, such as, the long period for enterprise investment approval and complex procedures, trouble the enterprises who want to invest in BGEZ. The implementation of online approval system will improve administrative efficiency, attract more investment and make market more active.

Unify Coordination and Commands, Promote the Integration of Judicature

Unified legal system is the basic guarantee of the formation and implementation of market system. Besides the integration of legislation and law enforcement, the integration of judicature is also included into legal system integration.

As Mr. Cao introduced, though the integration of judicature in six cities within the BGEZ has not formed, unified coordination and communication mechanisms can be established among them. For example, a unified coordination institution like an execution and command center can be set up to coordinate regional collaboration among public security, justice, civil affairs, which is conducive to the law case judgment. By drawing experience from other countries, remote evidence exchange system can also be built up through technical means. Remote witness testimony via live video can be conducted in the court, which will save the time and transportation costs of witnesses. An arbitrator library can be established in six cities to promote the open and fair administration of justice.

Common legal system includes legislation, law enforcement and judicature. According to Mr. Cao, only when we play well these “three chess pieces”, can the BGEZ become the legal highland. In this way, the environment for government administration and business will be optimized, thus to safeguard the regional economy.