关键词: 海南自由贸易港法规；地方立法；授权性立法；合宪性

Abstract: The Standing Committee of the National People’sCongress of the People’sRepublic of China in 2021 adopted the Hainan Free Trade Port Law，entrusting the Hainan Provincial People’sCongress and its Standing Committee to make the laws and regulations of HNFTP. The precondition of the proper operation of this totally new institutional design lies in the clarity of its character and its constitutionality review. The Legislative Law， revised in 2023， has included the formulation right of the laws and regulations of HNFTP，which provides a standard basis for its character orientation and constitutionality review. On the three levels of hierarchy，type，and content，the locality，authorization，and flexibility ofthe HNFTP laws’formulation right is clarified according to the relevant essence and contents of the revised Legislative Law. The Constitution is taken as the unified basis of legal system to prove the constitutionality of the HNFTP laws’formulation right in terms of both the substance and the form.

Key words: the laws and regulations of HNFTP；local legislation；delegated legislation；constitutionality