On The Green Ecological Integration Of Yangtze River Delta The Legal Nature Of The Executive Committee Of The Model Development Area

In the process of integration of the Yangtze River Delta,the Executive Committee of the Yangtze River Delta Ecological Green Integrated Development Demonstration Zone(hereinafter referred to as the "Demonstration Zone Executive Committee")was established.The Executive Committee of the Model Area is a cross-regional administrative body jointly formed by two provinces and one city in Jiangsu,Zhejiang and Shanghai.Since the integration of the Model Area is highly integrated,the Executive Committee of the Model Area was established to meet the needs of joint administration of the administrative regions in the Model Area and to promote the development of the integrated development model of the Yangtze River Delta region in a point-by-point manner.In the actual operation of the Executive Committee of the Model Area,its composition,functions and sources are all unique.In terms of the composition of the Executive Committee,the staffs of the Executive Committee are selected and recruited from administrative organs,institutions and state-owned enterprises in the two provinces and one city,and participate in the daily work of the Executive Committee in an equal proportion.The equal ratio is not only reflected in the total number of staffs in the three regions,but also in the internal departments of the Executive Committee of the Model Area,which are composed by the principle of equal ratio,thus maximizing the scientificity and fairness in the decision-making of the Executive Committee of the Model Area.In terms of institutional composition,there are five departments in the Executive Committee of the Demonstration Zone,and the scope of work is not only limited to the control of policies and regulations in the Demonstration Zone,but also integrates ecological planning and construction and business environment optimization into the daily work,which is complex and diverse.In terms of work functions,the Executive Committee of the Model Area not only undertakes the coordination of cross-regional matters between the two districts and counties,provides guidance to the governments of the two districts and counties and their functional departments,and complements the cross-regional work of the above departments,but also is given administrative powers,with the authority to exercise management,approval,approval,filing and other powers.The above-mentioned functions of the Executive Committee of the Demonstration Zone are derived from the General Plan of the Yangtze River Delta Ecological Green Integrated Development Demonstration Zone and the Decision on Several Issues Concerning the Promotion and Protection of the Construction of the Yangtze River Delta Ecological Green Integrated Development Demonstration Zone,rather than from the authorization of laws and regulations.In addition,the Executive Committee of the Model Zone has made a series of achievements in ecological and environmental protection,social welfare and business environment by virtue of its unique advantage of cross-administrative division,jointly with the governments of two districts and one county.Even though in practice,the Model District Executive Committee has entered a smooth operation,contradictions are inevitable and a series of operational dilemmas have arisen.First of all,the Model District Executive Committee is not well connected with the existing institutional mechanism in the process of power operation.In terms of institutional mechanism,the Executive Committee of the Model District cannot fit perfectly with the existing administrative law enforcement institutional mechanism.Secondly,the rights of the Executive Committee of the Model Area are in conflict with the existing laws and regulations.The joint approval of investment projects and detailed control plans of the Executive Committee of the Model Area is contrary to the existing Administrative License Law and other relevant laws and regulations in China.Finally,when the administrative acts made by the Executive Committee of the Model District cause the relative’s rights to be damaged,the relative cannot get the remedy through administrative reconsideration or administrative litigation at this stage,and the problem that the remedy path of the relative’s rights is unknown also exists in reality.The analysis of the operational dilemmas of the Model District Executive Committee reveals the following three causes.First is the problem of the imperfect basis for the establishment of the Model Executive Committee.Neither the Program nor the Decision can establish a Model Area Executive Committee.The authorization of the above-mentioned documents does not directly establish a cross-regional body like the Executive Committee of the Model Area,not to mention that this body assumes administrative functions and can exercise administrative power.Secondly,the problem of incomplete main elements of the executive committee of the model area.Although in practice,it is conventionally acquiesced to be an administrative subject and exercise administrative power,but in doctrine,its legal status as an administrative subject is still debatable,and the elements of administrative subject still need to be corrected.Finally,in the legal system of administrative subjects and administrative organizations in China,the legal position of the executive committee of the model district cannot be found,and the executive committee of the model district is outside the existing legal system of administrative organizations in China,which causes the inherent defects of the executive committee of the model district in the actual operation process.The above dilemma and its causes can be solved by clarifying the administrative subject status of the executive committee of the model district,enriching the rules of its power operation,and improving the corresponding rights and remedies.The administrative subject status of the executive committee of the model district has its own source of power and meets the requirements of the dynamic rule of law,in addition,its missing elements of responsibility can be strengthened.In terms of the rules of operation of power,the operation of the executive committee of the model district can be made more practical and adequate by improving the resolution mechanism and legal operation mechanism of the executive committee of the model district.In terms of rights remedy,the exercise of power of the Executive Committee of the Model Area can be supervised through administrative review,and judicial protection and service of the Yangtze River Delta integration process can be strengthened.