海南师范大学学报(社会科学版)

海南自由贸易港启动全岛封关运作，标志着中国特色自由贸易港建设将从“政策试验”迈入“制度定型”的全新阶段，法治建设需进行系统性改良以适配高水平开放新需求。在封关运作的全新制度背景下，自贸港法治理念需突破传统规制束缚，实现与最高水平开放形态的深度适配，其法律属性定位呈现规则理念重构、制度保障专门化、制度型开放新标准三重维度转型。鉴于自贸港等特殊区域与内地一般区域的战略布局差异，应秉持“重大改革于法有据”原则，统筹对标国际高标准经贸规则与本土法律制度创新，兼顾高水平开放与高标准安全双重价值，系统性回应自贸港封关运作法治建设新议题。为深度融入国家全面深化改革与制度型开放战略，需从优化央地协同工作机制、明确国际高标准经贸规则对标样态、深化国内外自贸区联动拓展开放格局、构建及时响应型法治供给模式等方面发力，推动自贸港法治理念全面转型，塑造开放、稳定、包容的开放型法治新形态。

The launch of island-wide special customs operations in the free trade port with Chinese character‑istics marks that its construction has entered a brand-new stage from the "policy experimentation" to "institutional finalization", thus systematic improvements are required in the rule-of-law development to adapt to the new de‑mands of high-level opening-up. In the new institutional context of special customs operations, the rule-of-law con‑cepts for the free trade port need to break away from the shackles of traditional regulation and achieve in-depth ad‑aptation to the highest-level opening-up pattern, with its legal attribute orientation presenting three dimensions of transformation, namely the reconstruction of rule concepts, the specialization of institutional guarantees, and the establishment of new criteria for institutional opening-up. In view of the differences in strategic layout between spe‑cial regions such as the free trade port and ordinary areas in the Chinese mainland, efforts should be made to up‑hold the principle that "all major reforms must be based on law", coordinate and benchmark international highstandard economic and trade rules with local legal system innovation, balance the dual values of high-level openingup and high-standard security, as well as systematically respond to the new issues in the rule of law construction for the special customs operations of the free trade port. In order to profoundly integrate into the national strategy of comprehensive deepening reform and institutional opening-up, it is necessary to promote the transformation of the rule of law concept in the free trade port and shape a new form of open,stable,and inclusive rule of law by optimiz‑ing the centrallocal coordination mechanism,clarifying the benchmark state of international high-standard economic and trade rules,deepening the linkage between domestic and foreign free trade zones to expand the open pattern,as well as establishing a timely and responsive rule of law supply model.