Legislative Dilemmas and Pathway Exploration for the "Second Line" Control of Hainan Free Trade Port under the Background of Closed-Loop Operation

The island-wide closed-loop operation is the "Number One Project" for the construction of the Hainan Free Trade Port. As the core component of the closed-loop operation, the "second line" control directly impacts the effectiveness of the "first line" opening-up policies and the bottom-line security of the national trade control system. Currently, the "second line" control faces several legislative dilemmas, including unclear allocation of legislative authority between central and local governments, tension between customs supervision systems and the facilitation needs of the free trade port, ambiguity in the legal nature of cargo flow between China's mainland and Hainan, and a lack of sufficient legal authorization for information-based supervision methods. Based on observations of the preparatory work for Hainan's closed-loop operation and drawing on the mature experiences of international free trade ports, this paper proposes practical pathways. These include clarifying the boundaries of central and local legislative authority, issuing the "Special Provisions on Customs Supervision for Hainan Free Trade Port," establishing a "three lists" management system, and strengthening legal authorization for digital supervision, aiming to provide a reference for the legal guarantee of the closed-loop operation.