Study On The Legalization Of The Construction Of Development Zones In China

The development zone is a test field of China's reform and opening, constantly explore the correct handling within Chinese government, market and social relations, has become China's political and economic system an important part. At present, the development zone has been an important research object of city planning, economy, management, but the overall legal research lag, leads to legal identity of the development zone is unknown, and the growth of development zone is "charismatic" Development Zone lack of credible commitment,restrict rational development of the development zone. This paper aims to normative analysis and empirical analysis, four aspects of transformation of the expression rule, identity transformation, function transformation, transformation of governance structure. This paper is divided into five chapters, as follows:Chapter1. First, the brief description of the phenomenon Chinese Development Zone, include origin, mission and performance. In order to deal with the relationship between reform, development and stability, national conducts opening to promote innovation and development,first foretaste of commodity economy, opening to the outside world, the introduction of foreign capital, dual structure system of administrative region and functional region,constantly promote the marketization, internationalization and Legalization. Development Zone, after30years of development,achieved remarkable results include economy of scale, regional contribution, employment, technology research, participate in the administration of regional and international relations. Second, Introduction of the development zone theory research status, especial,the research status in law, clear the research significance, research methods, key. At present, the development zone has become especially important architecture of city planning, economic management, but the legal research collective silence, only a small voice. Because of the lack of legal theory reserve zone, influence the Development Zone Development and credible commitment. In order to regulate the development of Development Zone, law research should be deep,making theoretical reserves of rule of law transition zone.Chapter2"expression" of rule:from the policy-leading to law-leading.First,the development zone institutional arrangements on the expression of policy at present. The development zone is the transition process of China's socialist market economic system,is important one annulus, to foretaste of market rules, to explore various reform innovation, but the system arrangement or "expression"of the rule is policy-leading. In the framework of policy transformation, our country development zone system showed to the policy adjustment, lack of the central legislation.however local legislation, the legislation trend of resources distributed content is not comprehensive; Development Zone set up according to the policy, include the establishment of standard, the privileged allocation policy, accountability policy, the definition of property policy. Second, analysis of the development zone system supply lag problems. In reality, the development zone is "policy rule selection", the local legislation to meet the needs of development zone for the first test, system in short supply, cause a series of problems:including, administrative, institutional setting Convergence to administrative region, illegal tax competition, rent-seeking, hot zone, self empowerment, moral innovation, lack of effective restriction of power, the guarantee problem of peasant land rights, protection of rights and interests of workers. Third, the ideal legal expression. China's development zones have made active exploration in the construction of rule of law, including: the first clear the rule of law is not prohibited by law to principle, the first commercial operation rule of economy, first service administrative legislation, promote the innovation of mechanism of legal supervision, promote legal dispute settlement mechanism innovation, promote the autonomous region in accordance with the law. In a country under the rule of law, stressed that "freedom under the law", USA, Taiwan, Japan and other overseas development zone legislation. China's development zone should transition to the rule of law. Because of the development zone is the "rule of law under the rules of lawful choice",development zone of "trial and error" to rule of law.Chapter3. Transformation of Function:From'Grow for Economy' to 'Develop for Freedom'No matter regarding economic technology development zone, hi-tech zone or new national strategic function zone, analyzing economy-led sudden function orientation and competitiveness arrangement of development zone is determined by economic functions. The'market of growth'created by China's superpower governance structure instituted by economic decentralization and political centralization is also a starting point for regional economic competition. The ultra-autonomous institution arrangement enhances the competitiveness of development zones.2. The analysis of the background and orientation of the development zones' shifting of economic social function. After thirty-year development, the miracle of development zones is created. Development zones characterize a shifting from homogenous industrial zones to new urban areas integrated with industry and finance. The tendency of'from being farmers to the urban residences'is encouraged by the enlightenment of freedom development concept and rights and poverty theory by Amartya Sen, the rise of development social policy theory, the exploration of national strategic orientation of development zone shift to social function and healthy growth of development zones within social development. Development zones should meanwhile respect the functions of society and economy.Chapter4.The Identity of Administrative Institution of Development ZoneThe analysis of the institution innovative application of development zone administrative committee. Most administrative bodies are called administrative committee, only handful of them are called administrative bureau. Administrative committees have initiated positive innovations on marginal innovation of governance concepts include the shifting from restrict thinking to commerce-friendly thinking, from thing-oriented to people-oriented, from the rule of men thinking towards the rule of law thinking and the marginal innovation on governance institution.2. The analysis of current identity arrangement of administrative committee development zone. At present, China's official rules and legal theory is starting from a single central management thinking, to define or analyze the nature of the development zone from the perspective of state administrative body. They can be, for example, top level People's Government, functional department of local government, representative department of local governments, representative institution, organizations with legal authorization. In some individual cases, however, development zone management institution defined as social governance body, which brings forward a discourse of statutory body public establishment.3. Discussion on the re-orientation of the social governance body of public establishment of development zone administrative committee. Public establishments mean established by public laws. They are public legal people that implement certain governance duties outside governance institution with independent rights and obligations accountabilities. The theoretical bases include civil theory, administrative decentralization theory, new public management movement, governance theory. Public establishment is suitable for the top-level design in our country that power is continually restricted. It also satisfies the demand of regional governance, and manifests the advantage of socialist competition.Chapter5Transformation of Development Zone Governance Structure:From Single-Center Management to Multi-Center Management1. Analysis the status of Single-Center Management by government in development zones. Single-Center Management by government has the expression of being arrogant in planning decision, land-grapping, policy creation of regional rental, governance bias in management structure. Governance model represent in multiple ways which include administrative committee centralized management model, cooperative management model, regional intergovernmental cooperative governance model, multiple administrative committee cooperative governance model, enterprise-led and hybrid model. Marginal innovation also occur on internal governance which include enterprization of governance institution, public product supply diversification, exploration of non-compulsory administrative behavior, servitization of development zone governance, exploration of regional governance, governance participation of trade associations.2. Illustration of multi-center management of development zone. This part discusses the division of labor and industrial cluster theory of development zone multi-center management, bring forward the change of government function, to explore the limited governance of negative and positive dual-right list, construction of market infrastructure, separated management of government and enterprise, market exercises the decisive role in resource allocation, encourage social governance organized by trade associations.