經濟特區與其演變進化

鄧小平於1978年12月在十一屆三中全會拿回黨政軍全面權力且宣告把工作重點從階級鬥爭轉移到經濟建設，接著在第二年提議了把「經濟特區」設於廣東省深圳市此一暗示改革開放方向的措施。其方向就是透過經濟特區這塊飛地與世界資本主義體系接軌且從西方世界那裏引進豐富資金和先進技術以圖不但要進行資金的累積還要進行技術的累積甚至要進行市場經濟上所需的管理的累積，因為中國大陸缺乏這3個因素故對這些垂涎三尺，勢必讓中共把經濟特區的政策重點放在把外商吸引到經濟特區投資設廠的優惠政策上面。其優惠的對象大致被分為納稅和土地利用兩大方面。鄧小平這種放權讓利的手法不僅被用於吸引外資的上面而且被用於調動官民積極性上面，特別是經濟特區屬於區域經濟，中共在經濟特區的政策上把很多方面的自主權讓給地方。針對法制而言，在中共設於國務院裏面的「經濟特區辦公室」的一般性領導之下，全國人大各自把立法權授給全國5個經濟特區的特區人民政府，以讓各個經濟特區可以先行於全國而制定法律的「超前立法權」按照各自的實際情況而應機立斷地制定法律來為各自與該地情形採取相對應的立法措施。除了放權讓利以外，中共把輻射作用課於經濟特區身上，換言之，透過經濟特區這塊地把經濟特區所受的經驗和所達的成果波及到中國大陸其他地區。正如中共所預期，經濟特區作為經濟發展的火車頭帶動中國大陸整個國民經濟的發展，把中國所收進的外資總額帶頭牽引到世界排名第一。除了資金以外，經濟特區以本身演變進化的方式把技術進步和管理經驗擴大到大陸其他地區。就其演變進化而言，本來主要作為「出口加口區」的經濟特區隨著不斷發展而跨越出口加工區的功能使產業又多元化又升級化，同時把其「自由貿易區」的功能特化為「保稅區」；把其技術昇級的功能特化為「開發區」，對經濟特區向全國輻射功能起了很大的作用。當然經濟特區發展過程中產生了一些急待解決的問題，總括而言就是由於過度進行放權讓利之餘使地方政府祇為了本地利益著想而不顧經濟特區本來作為改革開放先鋒而帶動整個國民經濟的飛地作用，特別多干預保稅區做隔開內地的獨立地位也由於把開發區設於自境內來招攬外資以便私下進行尋租活動，失去了對保稅區在海關控制之下作為隔離政策載體的獨立性和完整性，以及因過多設立開發區而造成了土地爭議。為了克服這些失控現象，一方面整頓法制來把特區立法系統弄清楚以使職權分明且牽制地方政府對特區業務的任意干預，另一方面把特區工作的重點從以誘利優惠來支持重點發展地方局部的傳統方法轉向在以中央政府為營造區域創新的主體之前提之下透過特殊政策的運用和優良環境的創造來實現社會整體的最大福利。具體而言，後者被體現為「國家綜合配套改革試驗區」在上海浦東和天津濱海地區的設立上面，在此地任何個人或組織被要求有合法性基礎建立法制理念，不讓任何個人或組織超越被授予的職權。這種潮流明顯與因加入WTO而在對內外投資者的平等國民待遇之下被迫削弱特區特殊政策優越性，以及在像毛鄧那樣的跨越法制個人統治的方式不能被支撐之下被迫從經濟特區時代「摸著石頭過河」方式走向可控又可預見的方向發展國民經濟的時代要求完全配合，這可算是中共新的挑戰。

關鍵字

經濟特區；保稅區；開發區；外國直接投資；地方政府

並列摘要

Deng Xiaoping took back power in all its aspects of the organizations in the party, the government and the army, then proclaimed changing the most important point of work from the class struggle to the construction of economy at the third plenary session of the central committee elected in the Eleventh Congress composed of national representative of the Chinese Communist Party held in December 1978. Successively he made a proposal in the following year to set ”the Special Economic Zone” down to Shenchen City in Guangtong Province, that is the measurement which hinted the direction of Reforms and Opens. The direction is connecting to the world capitalism system by this detached estate of the Special Economic Zone, and to draw abundant money and advanced technologies from the West under a intention of accumulating capital, accumulating technologies and to crown all accumulating administration necessitated for the market economy, because the motherland of China is so from want of these three factors to desire eagerly these, which inevitably drive the Chinese Communist Party to place an important point of the Special Economic Zone to a side of preferential treatments enticing foreign companies in them to the accompaniment of investment and construction of factories. The objects of the preferential treatments concerned is mostly classified to the most important two aspects: the payment of taxes and the use of estate. The methods of this kind entrusting powers and transferring interests downstream given by Deng Xiaoping is not only used to the side for enticing foreign investment but also by the side for stimulating positiveness in officialdom and citizenry, especially given that the Special Economic Zone come under the category of regional economy, the Chinese Communist Party has transferred the autonomous powers about many aspects to regions on policies in relation to the Special Economic Zone. Concerning with the system of law, a conference of deputies for people in all nation respectively granted the legislative power to the people's government setted in the five special economic zones in all nation under the general guidance of ”the Office to the Special Economic Zone” attached to the House of State Affairs so as to let every special economic zone quickly enact laws seizing an opportunity corresponding to every realistic circumstance in dependence on ”the Right to enforcement of laws taking the lead with precedence” by which it may enact laws preceding all nation , thereby respectively adopts legislative measurements in answer to the region concerned. Apart from entrusting powers and transferring interests downstream, the Chinese Communist Party assigns the working of radiation to the body of the Special Economic Zone, that is, exerting the experiences which they had and the results which they obtained on the other areas of the motherland of China through these detached estates of the special economic zones. Just as the Chinese Communist Party expected, the special economic zones have moved the development of the whole economy in the motherland of China as the top of a steam train, pulled up the amount of foreign investment which it has received to the degree of the number one in the world. With the exception of capital, the special economic zones have spread the technologies and the experiences of administration out toward the other areas of the motherland of China in the style of its own change and evolvement. To say its change and evolvement, the special economic zones originally having play the act of ”Export Processing Zone” have got to exceed the function of it with the ceaseless development of the special economic zones, making the industry uprise in sort and level. At the same time, specializing the function of ”Free Trade Zone” to become ”Reservation of the Payment of Tax Zone” and specializing the function of upgrading technologies to become ”Economic and Technological Development Zone”, wherefore have mighty function radiating toward the whole country. Of course the special economic zones have caused some problems which must be worked out quickly, generally speaking induced to the fact that the degree in the excess of their being entrusted and transferred interests downstream has made the local governments especially interfered too much with the independent position as being separated from the mainland, and also solicit the foreign capital by setting the economic technological zones within their boundaries in order to being contributed to the practice of the action to levy profit margin underground only for the benefit of its own place without respect to the original function of the special economic zones charged with a detached estate as vanguard of the Reforms and Openings moving the whole national economy upward, which has given rise to losing the characters of independence and completion in the zones for the reservation of tax payment given as matrix doing the isolated policy under the control of customs and then has got into trouble at strife concerning sites for the economical and technological development zones on the ground of setting much them. In order to get these uncontrolled phenomena under control, the Chinese Communist Party in the one hand puts laws in order thereby get legislative system in the special zones unleashed from the entanglement so as to clarify their duties, and restrain their recklessly intervention added to the business in the special zones by the local governments. In other hand it converts an important point of the works imposed to the special zones from the sustain of the development inclined to limited parts of the locality by instrument for interests and preferences toward realizing the maximum well-being of the whole of a society through the use of particular measurements and the creation of excellent environments on the premise making the central government take the initiative in hammering out the regional innovation. To put it in the concrete, the latter is embodied as side of setting up ”the Test Zone for the Synthetic Reforms Combined each other by State” at the areas of Putong in Shanghai and the Marine Zone in Tianjing, where every person and every organization is requested to have legal base for constructing legislative idea, which does not allow any person nor any organization go beyond his or its powers granted to his or its occupation. It is obvious that the ebb and flow like this perfectly swim with the request in the time when the style ”to cross a stream stepping on stones spread over the riverbed by feel” in the era of the special economic zones is forced to move toward the direction for the development of the national economy which one can command to a view of under control on the ground that the superiority of the measurements given to the specific zones is compelled to weaken under equivalent treatment as citizen irrespective of the insight or the outsight of investors because of adding to WTO, and the style of the rule by exerted an influence depending on will of a person as Mao and Deng who had deviated from laws has been losing the efficiency beyond the term of validity. This deserves to be called a new challenge of the Chinese Communist Party.