Identity Dilemma And Solution Of The Development Zone Management Committee

As an important measure in the process of socialist modernization construction and selected units for experiments in reform.The development zone has been given greater autonomy by the state at the beginning of its establishment,and the development zone has made important contribution to the rapid development of our economy since its establishment nearly 40 years ago.In the management mode of the development zone,the management mode of most development zones in our country is mainly the government-led management mode.The development zone which adopts the other management mode has gradually evolved into the government to play a leading role in the management,and the government mainly manages the development zone by the way of setting up the management committee.As the main body of the administrative affairs management function of the development zone,the legal status of the management committee has always been controversial.The State Department’s Paper No.7defines the Commission as a local government agency.So does the local legislation,who also sees the Commission as simply a local government agency.The aforementioned definition of the legal status of the Commission is contrary to the Constitution and the Organic Law,and there are many problems in combination with the theory of administrative law and the actual situation of the Development Zone.The definition of the legal status of the administrative committee of the development zone is mainly based on the existing administrative subjects of our country,that is,the first-level government,the functional departments of the government,the offices of government,the entrusted organizations,etc.This paper analyzes the administrative law norms and the administrative law theory of our country,and negates these viewpoints one by one,because these viewpoints are difficult to self-consistent in logic.Because the development zone management committee’s "identity" is not clear,causes the management committee to return to the traditional administrative system,the administrative lawsuit defendant qualification confirmation difficult question.The NPC or NPC Standing Committee should speed up the legislative process,formulate a unified development zone law,and local legislatures refine the development zone law according to the actual local conditions,thus forming an organic unified legal system for the development zone and its management committee.However,legislation within the existing legal framework can only clarify the functional competence,power operation procedures,organization and personnel establishment of the Development Zone Management Committee.The innovation of this paper is mainly in three aspects: first,how to solve the problem of the status dilemma of the management committee of the development zone in the existing system of our country,and put forward the corresponding solutions.The second is to clarify the root cause of the identity dilemma of the development zone management committee.On the basis of analyzing the defects of the administrative subject theory,it is found that the reason why the legal position of the administrative committee is difficult to define lies in the administrative subject theory of "litigationism model" in our country,and the administrative subject system of unity is formed because of the lack of decentralization theory.Thirdly,it puts forward some measures to solve the plight of the management committee’s identity from the root,that is,it advocates reconstructing the theory of administrative subject in our country,introducing the system of official legal person,reforming the existing system of administrative subject in our country on the basis of administrative decentralization,defining the status of official legal person of the management committee of the development zone,forming the system of administrative subject of the state-local government-public legal person,and puts forward the concrete scheme design to fully demonstrate the feasibility of introducing the system of public legal person.