2022 is the 20th year that Zhou Hanmin, member of the Standing Committee of the National Committee of the Chinese people's Political Consultative Conference, vice chairman of the Central Committee of the China Democratic National Construction Association and vice chairman of the Shanghai Municipal Committee of the Chinese people's Political Consultative Conference, has served as a member of the National Committee of the Chinese people's Political Consultative Conference. For a long time, Zhou Hanmin did not forget his original intention, fulfilled his duties and continued to pay attention to China's reform and opening up. In his view, China's application to join the comprehensive and progressive cross The Pacific Securities Co.Ltd(601099) partnership agreement (cptpp) and the digital economy partnership agreement (depa) last year reflected China's willingness and determination to continue to deepen reform and expand opening-up.
At this year's national two sessions, Zhou Hanmin focused on expanding opening-up and brought two proposals: the free trade zone should take the lead in becoming a digital trade demonstration area and properly respond to differences in dispute settlement mechanism by taking the opportunity of applying to join cptpp. Focusing on the hot topic of how to promote the development of China's digital trade, Zhou Hanmin accepted an exclusive interview with the reporter of international business daily.
International Business Daily: what are your considerations in proposing that the free trade zone should take the lead in becoming a digital trade demonstration zone?
In recent years, with the rapid development of digital trade, Hanmin has shown its vitality. According to the prediction of the world trade organization, by 2030, digital technology will promote the annual growth of Global trade volume by 1.8 ~ 2 percentage points, and the proportion of global service trade will increase from 21% in 2016 to 25%. The global trade competition pattern with digital trade as the core is being reshaped, and the competition for the leadership of digital trade rules is becoming increasingly fierce.
As the highest standard free trade agreement in the world so far, cptpp focuses more on improving the level of digital trade rules. Its digital trade rule framework not only continues the traditional e-commerce issues such as tariff free electronic transmission, personal information protection and online consumer protection, but also innovatively introduces cross-border data flow, localization of computing facilities More controversial issues such as source code protection also reserve room for maneuver for a number of clauses, such as setting exception clauses.
Depa focuses on the facilitation of e-commerce, the liberalization of data transfer and the security of personal information, and stipulates to strengthen cooperation in artificial intelligence, financial technology and other fields.
China attaches great importance to the development of digital economy, but on the whole, China's digital trade industry has not formed a standardized system. There are some problems, such as incomplete laws and regulations, insufficient participation of leading enterprises, imperfect infrastructure, inconsistent statistical methods, and innovative regulatory models. In addition, the security problems brought by digital trade can not be ignored.
International Business Daily: this year's government work report pays unprecedented attention to the digital economy. How do you think to promote the development of digital trade? What will the digital trade demonstration zone demonstrate?
Zhou Hanmin: at the critical moment of studying the strategic layout of digital trade, the pilot Free Trade Zone undertaking the national mission should bravely take the lead, take accelerating the trial implementation of digital trade rules of cptpp and depa as a new task, actively build a digital trade demonstration zone, and accumulate experience for participating in International negotiations on Digital Trade and forming a digital trade China scheme.
First, build a legal system to adapt to the development of international digital trade. It is suggested to refer to the special policies of the national special economic zone in terms of the rule of law and tax system, and submit it to the Standing Committee of the National People's Congress for approval to give a package of authorization. First, speed up the separate legislation of various relevant laws in Hainan free trade port and the new port area of Shanghai pilot Free Trade Zone, ensure that reform and innovation are based on the law, and establish and improve a unique rule of law system. According to the terms of cptpp and depa, and in combination with the actual needs of digital trade, set detailed and clear regulatory requirements for product copyright, anti-theft software, source code opening, data circulation, information protection, digital transaction, unfair competition, keeping trade secrets and digital product taxation, We will improve new international economic and trade rules that meet the innovative needs of the international digital economy and digital trade.
Second, build an open and innovative system of digital trade. On the one hand, strengthen infrastructure construction. Accelerate the construction of a new generation of information infrastructure such as 5g, IPv6, cloud computing and the Internet of things, build an international Internet Exchange Center, build a safe and convenient special channel for international Internet data, and strengthen the construction of a digital trust security base. On the other hand, cultivate digital trading enterprises. Focus on the development of digital trade industries such as cloud services, digital content, digital services and cross-border e-commerce, vigorously attract and cultivate leading digital trade enterprises, encourage new business forms and models in the field of digital trade, expand the industrial cluster of digital trade industry, and accelerate the formation of a new highland for the development of digital trade.
Third, actively participate in international cooperation. For example, in terms of cross-border data flow, pilot free trade zones (ports) such as Shanghai and Hainan have carried out cross-border data flow security assessment on a pilot basis. Based on this, we should further establish the basic principles and systems of cross-border data flow management, so as to lay the foundation for China to carry out mutually recognized cross-border data flow rules in the world, Then promote China's industry standards to become international or regional standards.
Fourth, build an all factor and multi-level intelligent supervision system. Improve the digital governance level of government departments, improve the multi-level, all element and complete regulatory framework, build a smart regulatory big data platform covering commerce, customs, taxation and foreign exchange management, formulate linkage disposal emergency plans, work in a cross departmental and peaceful way, and make full use of big data Artificial intelligence and other technical means carry out real-time risk assessment and gradient management of digital trade, and constantly improve the intelligent supervision system.
International Business Daily: what are the main considerations for your proposal of "taking the opportunity of applying to join the cptpp to properly deal with differences in the dispute settlement mechanism"?
Zhou Hanmin: last year, China applied to join the cptpp, demonstrating China's determination to open to the outside world at a higher level, which is just like the "second accession to the WTO". At present, the WTO is facing high calls for reform. One of its important functions in Global trade is to solve trade disputes. However, due to the obstruction of some countries, it cannot play its normal role and is gradually marginalized. Therefore, when applying to join the cptpp, we should pay close attention to the dispute settlement mechanism, integrate with the highest international level, and let this mechanism play its due role in the process of economic globalization.
At present, the main issues that cptpp may cause disputes with China's existing laws in dispute settlement include: first, jurisdiction disputes. The scope of application of the dispute settlement mechanism defined in Chapter 28 of the cptpp is very easy to conflict with the provisions of exclusive jurisdiction, territorial jurisdiction and personal jurisdiction in Chinese procedural law and international law, as well as disputes at the level of legal article interpretation. Second, appeal disputes. Different from the WTO dispute settlement mechanism, cptpp cancels the appeal mechanism, but all countries currently have a wrong case correction system, which will form a contradictory situation in which a subject wins a lawsuit in China's legal system but loses a lawsuit under the framework of cptpp. Third, the risks that other innovations may bring. In the process of dispute settlement, other innovative provisions made by cptpp may lead to the disorder of judicial relief system and a serious waste of judicial resources.
International Business Daily: in terms of dispute settlement mechanism, how should China compare the international advanced rules and provide Chinese solutions?
Zhou Hanmin: first, speed up the formulation of the foreign investment law. A series of regulations and judicial interpretations including overseas insurance, overseas leasing and overseas basic relief were issued to realize the integrated structure of the investment legal system. The guidelines for the application and convergence of cptpp and Chinese laws and regulations were issued. Meanwhile, while giving full play to the innovative advantages of the CPP dispute settlement mechanism, we should continue to adhere to the leading framework of the WTO dispute settlement mechanism.
Second, unify bilateral negotiation procedures and strengthen the standardization of relevant dispute settlement provisions. It is suggested to introduce the "CPP bilateral agreement negotiation procedure", which stipulates the relationship between bilateral agreements and unilateral treaties, bilateral treaties and the relationship between old and new treaties.
The third is to build a new generation of compatible investor state dispute settlement (ISDS) mechanism under the cptpp framework. Establish an abuse filtering mechanism under ISDS mechanism. Establish an optional ISDS appeal mechanism. Appropriate introduction of pre procedures such as friendly consultation and administrative reconsideration.
The CPP dispute settlement mechanism attaches great importance to cooperation and consultation, which coincides with China's original intention to solve international disputes through diplomatic coordination. Therefore, we can further highlight the priority of consultation, good offices, mediation and mediation over the expert group procedure, and encourage the use of consultation and reconciliation to resolve disputes between the two sides in the expert group and implementation procedure. At the same time, reform the relevant arbitration institutions and court system in China, appropriately expand the jurisdiction of existing arbitration institutions, and establish an international commercial court to hear international commercial disputes.
