Analysis Of The Legal Status Of Administrative Committee Of Development Zone

On February 8,2018,the Supreme People’s Court on the applicable < administrative procedure law of the People’s Republic of China > the interpretation of formal implementation,including 21 of development zone management mechanism be explicitly stipulated in the administrative lawsuit defendant qualification,it is not just a summary of the judicial practice in the past dozens of years,also established a new standard of judgment,therefore,for the development,management agencies to review,the studies on the existing analysis of cause debate for a long time,and on the basis of research results to find more logical theoretical derivation,perfecting the judicial explanation in the case of the trial,is the starting point of this article.Development zone management institutions in the actual situation of the management committee,its development and grow up together,from 1984 to 2020,has experienced rapid growth of the number,the high-speed economic development,after the cleansing,in the present present a spectacular sight-in every province of the existence of each area county development zone can be seen,there are leaders of the ac struggle as a new era,make contributions to the construction of the motherland.While acknowledging the great role played by the ac,it should also be noted that the ac was incorporated into the regional government,and courts and procuratorates were set up in the development zones.Administrative committee is administrative organization,exercise administrative power,it should have what kind of legal status,it is urgent to answer the question.Whether there are legislative provisions at the national level,what are the measures at the local level,how to define the theory,how to judge the judicial practice,whether satisfactory answers can be obtained from multiple aspects,or,there is still a logic gap in the interpretation is not consistent,how to fill this gap,this paper is trying to find out and give an answer.From the judicial interpretation to the self-answering of the research process,the basic framework of this paper is formed: the first part is the introduction of the question,the introduction of the basic situation,what is unreasonable,the combing of the basic situation,trying to describe a general framework;The second part analyzes whether the legislation is sound,whether the theory is perfect,and whether the judicial practice is unified.The third part,aiming at the existence of various reasons,as well as the conflict between theory and reality,tries to give Suggestions from the legislative,theoretical,judicial and management levels,and strives to find the appropriate legal status of the management committee solution.The innovation of this paper lies in the following aspects: firstly,the analysis is based on the observation of judicial practice cases to ensure the conclusion is well documented;Second,the existing legislation has highly overlapping commonalities,but there are also contradictions and unsoundness,both of which can provide technical support for the central legislation;The third analysis thinks that the new judicial interpretation of article 21 is in conflict with the traditional theory,so it is necessary to find a way to cushion the situation.