上海自贸试验区运行三年多来,法治建设取得明显进展:制度创新上坚持以企业为主体的市场化方向;形成重大改革于法有据,立法引领改革的新路径;构建以负面清单管理模式为核心的事中事后监管制度;建立了以法院为中心,仲裁和调解为辅的多元化争端解决机制;凸显出与国际经贸新规则相对接的趋势。与此同时,自贸试验区法治亦碰到瓶颈问题,亟需从行政驱动转向立法驱动,通过法治提升开放度、透明度,试点抽象性行政行为的司法审查,强化商事审判能力,完善风险防范机制。 Shanghai Free Trade Zone has been in operation for more than three years since the establishment of the rule of law. The progress of the rule of law has made remarkable progress. The innovation of the system insists on the marketization orientation with enterprises as the mainstay. It forms a new path where major reforms are guided by law and leads the reform through legislation. Model as the core of the matter after the regulatory system; established a court-centered arbitration and mediation, supplemented by a wide range of dispute settlement mechanism; highlighting the international trade and the new rules relative to the trend. At the same time, the legal system of FTZ also encounters the bottleneck. It is imperative to shift from administrative drive to legislative drive, to promote openness and transparency through the rule of law, to pilot judicial review of abstract administrative acts, to strengthen commercial trial capabilities, and to improve the risk prevention mechanism .