区域协同创新发展视角下的粤港澳大湾区立法路径研究.pdf

科技与法律（中英文）SCIENCE TECHNOLOGY AND LAW（CHINESE-ENGLISH VERSION）2023年 第4期 总第16期Li Jinhui,Liu HaoDOI:10.19685/112922/n.2023.04.013Research on Legislative Path of Guangdong-Hong Kong-Macao Greater Bay Area from the Perspective of Regional Collaborative Innovation DevelopmentLi Jinhui1,Liu Hao2(1.Guangdong Techno-Economy Research&Development Center,Guangzhou 510070,China;2.Jilin University School of Law,Changchun 130012,China)Abstract:Against the backdrop of the collaborative development of science and technology innovation in the Guangdong-Hong Kong-Macao Greater Bay Area(the Greater Bay Area),there is an urgent and practical need for the legislative system construction of the Greater Bay Area.Currently,due to the different legal systems of Guangdong,Hong Kong and Macao and the lack of regional cooperation and collaborative legislation,the legislative construction of the Guangdong-Hong Kong-Macao Greater Bay Area faces many difficulties.The EU provides a successful model of regional integration to carry out regional cooperation among different legal systems and build legislative systems.Based on the research and reference of the practical experience of EU regional legislation,the Guangdong-Hong Kong-Macao Greater Bay Area should make efforts in several ways,reinforcing the top-level design,establishing a basic law for the Guangdong-Hong Kong-Macao Greater Bay Area at the central level,promoting soft law governance,strengthening the consultation and cooperation at the regional level in the Guangdong-Hong Kong-Macao Greater Bay Area,encouraging the bay area legislation pilot test first,optimizing the legislation work communication and coordination mechanism aspects of Guangdong,Hong Kong and Macao,to strengthen the large bay area security legislation system,and escort the construction of an international science and technology innovation center in the Guangdong-Hong Kong-Macao Greater Bay Area.Key words:Guangdong-Hong Kong-Macao Greater Bay Area;collaborative innovation;European Union;legislationCLC:G 640;D 911 DC:A Article:20969783（2023）040122151 Research BackgroundOn 18th February 2019,the Central Committee of the Communist Party of China and the State Council1 issued the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area(the Outline),proposing to build the Guangdong-Hong Kong-Macao Greater Bay Area into an international innovation hub with global influence,which marked the full implementation stage of the development of the Greater Bay Area.As a heterogeneous urban agglomeration with one country,two systems,three customs areas,three legal systems and four core cities2,Greater Bay Area has become a pole of Chinas economic growth and an international science and technology innovation center with global influence,and the importance of collaborative innovation and development has become more prominent.However,in the process of collaborative innovation and development in the Greater Bay Area,conflicts are inevitable due to the differences in laws and systems.This requires the superimposed support of the visible hand from government and Fund Project:Major Project of Guangdong Soft Science Research Program Research on Several Major Issues in Guangdong Science and Technology Innovation Legislation(2018B070713006);Major Research Project of Philosophy and Social Science Research of the Ministry of Education,China,Research on Legal Construction in the Guangdong-Hong Kong-Macao Greater Bay Area(20JZD019)Author Profile:Li Jinhui,from Dandong,Liaoning Province,Masters Degree Candidate,Associate Researcher,Research Fields:Science and Technology Legislation,Science and Technology Policy Research;Liu Hao(corresponding author),from Changsha,Hunan Province,PhD Candidate in Legal Theory at Jilin University,Research Fields:Local Legislation.-122Li Jinhui,Liu Haothe invisible hand from market,and coordinate the resolution of conflicts and problems in the way of rule of law and market-oriented integration.That is,promoting the convergence of rules and mechanisms through legislation as the basic guarantee for the collaborative innovation and development of the Greater Bay Area,and promoting the free and convenient circulation of innovation factors to stimulate market vitality.The existing research literature on Greater Bay Area is abundant,including multiple perspectives such as regional collaborative innovation development,mechanism system and rule convergence.In terms of coordinated development,Mao Yanhua et al3.promoted the coordinated development pattern of the Greater Bay Area from the aspects of cohesion of cooperation consensus,cultivation of industrial value chain,and innovation of institutional mechanisms.Ye Lin et al4 clarified the difficulties faced by the development of the Greater Bay Area from the aspects of system,subject,element and network,and put forward practical suggestions.Suo Jian et al5 constructed 10 indicators from three aspects of innovation environment,innovation input and innovation output,used the entropy TOPSIS to study the level of high-quality innovation development of Greater Bay Area in 2018,and divided 9 cities and 2 districts into three types:leading,medium and low for analysis.In terms of mechanism system,Chen Zhao et al6 used the innovation data of Greater Bay Area to establish a composite model to measure the synergy,and put forward policy suggestions for the synergy mechanism in the Greater Bay Area.Liu Zuojing et al7 analyzed the basic experience of building an innovative economic system in the worlds three major bay areas,and put forward six major countermeasures and suggestions for the construction of an innovative economic system in Greater Bay Area.In terms of rule convergence,Zhu Zuixin8 proposed a path for the convergence of rules led by the central government,with the participation of local entities,social organizations,and diversified interaction,and related implementation mechanisms,to promote the effective convergence of rules in Greater Bay Area.Li Tiecheng et al9 proposed the construction of a 1+4+2 collaborative innovation policy system in the Greater Bay Area.On the basis of studying the EUs policies and measures to promote the free flow of talents,Zeng Kaihua10 put forward a proposal on the connection of talent flow in the Greater Bay Area.Literature research shows that there are various research perspectives on Greater Bay Area,but there are not many systematic studies on the legislative implementation path or legislative technical route in the collaborative innovation and development of the Greater Bay Area.Although involved,it is limited to a specific field such as the environment11 and dual carbon(carbon peaking and carbon neutrality)12.To this end,based on the actual needs of collaborative innovation development of the Greater Bay Area,this paper sorts out the existing policy basis of the Greater Bay Area,analyzes the difficulties existing in the supply of the legislative system in the Greater Bay Area,and on the basis of drawing on and summarizing the practical experience of EU legislation,proposes a legislative path of the Guangdong-Hong Kong-Macao Greater Bay Area from the perspective of regional collaborative innovation development.2 The Practical Basis for the Construction of the Legislative System in the Greater Bay Area2.1 The Continuous Improvement of the Greater Bay Areas Collaborative Innovation Development Capabilities Requires the Guarantee of the Legislative SystemThe Greater Bay Area includes the two Special Administrative Regions of Hong Kong and Macao and Guangzhou,Shenzhen,Zhuhai,Foshan,Huizhou,Dongguan,Zhongshan,Jiangmen and Zhaoqing,with a total area of 56,000 square kilometers and a total population of 86,692,300 at the end of 2021,and an overall economic volume of about RMB12.6 trillion in 202113,which is similar to that of the Tokyo metropolitan area in Japan.In 2022,GDI Think Tank released the Guangdong-Hong Kong-Macao Greater Bay Area Collaborative Innovation Development Report(2021)14,benchmarking against the worlds three major bay areas.The Greater Bay Area published 365,900 invention patents in 2020,having maintained positive growth in the past decade(see Figure 1),far higher than the other three bay areas.Compared with the internal cities of the Greater Bay Area,in term of cross-city invention patent cooperation rate(Table 1),it is 6.88 between Guangzhou and Dongguan,54.06 between Shenzhen and Hong Kong,and 15.45 between Zhuhai and Macao.The driving effect of the Guangzhou-Shenzhen-Hong Kong-Macao pole is obvious,and cross-city collaborative innovation cooperation continues to strengthen.However,at present,the scientific and technological innovation potential of the Greater Bay Area hasnt been fully developed,and the innovation synergy mechanism between cities is not yet optimal15.This mainly due to the lack of in-depth cooperation limited by institutional obstacles,laws and regulations in three places,resulting in low innovation efficiency.The Greater Bay Area has the Research on Legislative Path of Guangdong-Hong Kong-Macao Greater Bay Area from the Perspective of Regional Collaborative Innovation Development-123科技与法律（中英文）SCIENCE TECHNOLOGY AND LAW（CHINESE-ENGLISH VERSION）2023年 第4期 总第16期characteristics of One Country,Two Systems,and it is necessary to maximize the advantages of Two Systems externally and reduce the institutional obstacles of Two Systems differences internally16.This means,the collaborative innovation development of the Greater Bay Area needs a large number of legislative protections that require innovation and exploration,and the construction of the International Innovation Center in the Greater Bay Area should continue to be promoted on the track of rule of law.Figure 1 Publication Output and Growth Rate of Invention Patents in the Greater Bay Area from 2012 to 2020Table 1 Cross-City Invention Patent Cooperation Rate in the Greater Bay Area in 2020Cooperation citiesGuangzhou and DongguanFoshan and Guangzhou Shenzhen and DongguanHong Kong and ShenzhenMacao and Zhuhai Cross-city invention patent cooperation rate6.887.783.7154.0615.45Data from Guangdong-Hong Kong-Macao Greater Bay Area Collaborative Innovation Development Report(2021)14.2.2 The Current Policy System in the Greater Bay Area Lays the Foundation for the Construction of the Legislative SystemIn recent years,measures such as the Outline Plan and cooperation plans have been introduced from the central to local levels,gradually forming a four beams and eight pillars policy system to support the coordinated innovation development of the Greater Bay Area(Table 2),and continuously optimizing the innovation system and policy environment in the Bay Area.The first one is the central level.In 2003,the Mainland,Hong Kong and Macao signed CEPA respectively,marking the start for cooperation between Guangdong,Hong Kong and Macao.In 2017,the National Development and Reform Commission and the governments of Guangdong,Hong Kong and Macao signed the Framework Agreement on Deepening Guangdong-Hong Kong-Macao Cooperation and Promoting the Development of the Greater Bay Area,kicking off the promotion to development of the Greater Bay Area at the national level.In 2019,the Outline Plan was promulgated,which means that the Greater Bay Area has entered the stage of planning.The second one is the local level.In 2009,Guangdong and Hong Kong signed eight cooperation agreements17.In 2010,Guangdong and Hong Kong signed the Guangdong-Hong Kong Cooperation Framework Agreement.In 2011,Guangdong and Macao signed the Guangdong-Macao Cooperation Framework Agreement.In July 2019,Guangdong issued the Guidelines on the Development Plan Outline for the Guangdong-Hong Kong-Macao Greater Bay Area,and issued the Three-Year Action Plan at the same time,forming a working drawing and task book for promoting the construction of the Greater Bay Area at the provincial level.The third one is the city level in the Greater Bay Area.Eleven cities in the Bay Area have formulated supporting policies around the tasks of the Planning Outline.Guangzhou has successively issued policies such as the Implementation Opinions on Jointly Building an International Financial Hub in the Guangdong-Hong Kong-Macao Greater Bay Area and the Action Plan for the Promotion of Trade Liberalization,Customs Clearance and Facilitation in Guangdong-Hong Kong-Macao Greater Bay Area.Shenzhen has promulgated a series of special economic zone legislation,including the Regulations on the Qianhai Shekou Free Trade Pilot Area of the Shenzhen Special Economic Zone and the Regulations on the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone in the Shenzhen Special Economic Zone.Hong Kong has established a Guangdong-Hong Kong-Macao-124Li Jinhui,Liu HaoGreater Bay Area Development Office18 and has implemented a series of policies and measures such as the Technology Talent Admission Scheme.In 2022,Macao promulgated the Urban Master Plan of the Macao Special Administrative Region(2020-2040),which proposes to cooperate with the development of the Greater Bay Area and highlight the position of Macao SAR as the central city of the Greater Bay Area19.In summary,the Greater Bay Area has initially formed a multi-level policy system of central-regional-local,covering industry,talent,finance,taxation,judiciary and other aspects,providing a basic basis for the construction of the legislative system in the Greater Bay Area.This is conducive to accelerating the realization of the Greater Bay Area from policy promotion to rule of law guidance.Table 2 Relevant Policies and Regulations Issued by the State,Guangdong Province and Cities in the Greater Bay AreaNational Level123456789101112Ministry of Commerce、Financial Secretary of the HKSARCentral government、Macao SAR GovernmentNational Development and Reform Commission、Guangdong provincial government、Hong Kong SAR Government、Macao SAR GovernmentThe Central Committee of the Communist Party of China、The State CouncilThe Central Committee of the Communist Party of China、The State CouncilThe Central Committee of the Communist Party of China、The State CouncilThe Central Committee of the Communist Party of China、The State CouncilThe State CouncilMinistry of Science and Technology、Ministry of FinanceMinistry of Human Resources and Social、Guangdong provincial governmentSupreme Peoples CourtPeoples Bank of China、China Banking and Insurance Regulatory Commission、China Securities Regulatory Commission、State Administration of Foreign ExchangeMainland and Hongkong Closer Economic Partnership ArrangementMainland and Macao Closer Economic Partnership ArrangementFramework Agreement on Deepening Guangdong-Hongkong-Macao Cooperation in the Development of the Bay AreaOutline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay AreaGuideline on Supporting Shenzhen in Building a Demonstration Pilot Zone for Socialism with Chinese CharacteristicsGeneral Plan for Building a Guangdong-Macao in-dept