Research On The Rule Of Law In National High-tech Industrial Development Zones

This dissertation researches on the theories and practices of the rule of law in the national high-tech zones,using the traditional methods of jurisprudence,and can be divided into six parts.The Introduction introduces the background and significance,both practical and theoretical,of the topic on the basis of the national high-tech zones' achievements in the past 30 years and my own work experience,and points out the deficiencies of current research on the basis of summarizing the research achievements of domestic and foreign scholars especially those of Chinese scholars in the field of the legislation in high-tech zones and regional rule of law,and then proposes the issues to be studied,that is 1)the theoretical issue,it is about the basic category,dynamic mechanism,value orientation of local rule of law and regional rule of law,as well as the theoretical reflection of legislation and law enforcement;2)the practical issue,it is about how to realize the legalization of the legislation and law enforcement in the high-tech zones,national innovation demonstration zone and national free trade zones,and trying to find the truth of the legal construction in China by looking back and forth between the theory of local(regional)rule of law and the practice of the high-tech zones.Chapter One differentiates the concepts and types of local rule of law and regional rule of law focusing on the origins and academic controversies of the research on them,and puts forward the necessity and legitimacy of theoretical research on regional rule of law;demonstrates that high-tech zone is a form of region and the rule of law in the high-tech zone is a part of the regional rule of law in China which shows that the research on the rule of law of high-tech zone should rely on the theory of regional rule of law;and then,on the basis of comparing the theories of comprehensive rule of law and regional rule of law,takes the ontology,axiology and methodology of the regional rule of law theory as the research guide.Chapter Two takes the motivation mechanism and value orientation of local rule of law as the research objects,and proposes the view that local rule of law serves and generates from the agglomeration economy and the later promotes the development of the former,based on commenting on the limitation of local rule of law competition theory and government-driven development approach of rule of law,referring to the research results of regional economics on the dynamic mechanism of regional factors agglomeration;and puts forward that innovation is the value orientation,encouraging innovation and tolerating failure are the basic spirit of the rule of law in high-tech zones.Chapter Three studies the administrative regulations,departmental regulations,local regulations and policies in regulating the establishment and management activities of high-tech zones at the national and local levels,and their formulation and revision processes;discusses the characters and inadequacies of the existing legislation about high-tech zones in China,and puts forward several suggestions on the improvement by summarizing the experience of America,Japan and Taiwan District.Chapter Four concentrates on the rule of law of administration in high-tech zones;analyses the administrative subject status of high-tech zone administrative committees(including the subject qualification of administrative litigation)through the judicial big data on the China Judgement Online;starts from the basic concepts related to administrative system and the current measures of administrative system reform,classifies the administrative system of high-tech zones into “stimulative administrative system” instead of “managing administrative system”;talks about the roles of the administrative committees in the policy-making of science and technology,human resource,finance,investment,taxation and the cultivation of intermediary institutions;and gives the direction of how to reform the system of administrative enforcement of law in high-tech zones.Chapter Five demonstrates the departmental law attributes of high-tech zones' law from the perspective of regional legal theory reflection and summarizes the experience of prior to carry and try of the high-tech zones' legislation,and then designs the proper steps which should be taken in the cross-regional legislative investigations in order to avoid legislative similarity.