Study On Administrative Subject Qualification Of Development Zone Administrative Committee

The development zone is the product of China's deepening reform and opening up,innovation of economic model and transformation of industrial structure.However,with the expansion of economic scale and the change of development policies,problems have emerged in the development zones,such as a large number of different types and different management modes.At the beginning,the practice of development zones around the country formed three main models: government-led,government-enterprise integration and enterprise-led.At present,the model of development zone management committee led by the government,which is dominated by economic adjustment function and supplemented by public service and social management function,has become the mainstream model.With the development of the development zone,the administrative committee of the development zone also shows some problems.The unclear qualification of administrative subject of the administrative committee of the development zone has given rise to more problems,including unclear function and authority of the administrative committee of the development zone,irregular establishment management,fuzzy qualification identification of law enforcement subject,and unclear legal responsibility.In this regard,different regions have different practices in practice,regarding it as a government agency,a local agency or a regulatory agency authorized by laws and regulations.At present,there are no laws specifically formulated for development zones,and policies of different regions are different,so the academic circle has not formed a general view,which leads to the confusion of positioning of the administrative committees of development zones in different regions and the situation of regional non-unity.The latest judicial interpretation issued by the supreme people's court confirmed the qualification of the defendant subject of the administrative committee of the development zone,but did not stipulate the qualification of the administrative subject.In order to carry out the administration according to law,promote the further development of the development zone,prevent the restoration of the administrative committee of the development zone to the old system,and protect the legitimate rights and interests of administrative counterparts,it is urgent to adopt unified legislation to clarify the qualification of its administrative subject.This paper firstly introduces the basic situation and management system of development zones inChina,and clarifies the concept and functions of the management committee of development zones in China.Then through literature analysis,comparative research and other methods,a comprehensive analysis of various viewpoints in the academia and combined with the relevant provisions of each region,the reasons for the unclear qualification of administrative subject in the administrative committee of the development zone are analyzed,and the problems caused by this are pointed out.The author holds that the administrative committee of the development zone should have the qualification of administrative subject,and that the administrative committee of the development zone should be assigned to the agency of the government.Finally,the author puts forward some Suggestions and concrete ideas from the perspective of legislation to solve the problems mentioned above.