Research On The Legislative Problem Of The Administrative Committee Of The Economic Development Zone In Our Country

The economic development zone in our country is the product of the reform and opening up policy. Its management structure (generally is called the administrative committee of the economic development zone, simply called the management committee.)belongs to the government agencies, but it is different from administrative organ's attribute. Currently, the unified standard laws and regulations have not been formed about each kind of the management committee of economic development zone in the national scope. In order to cause the futural development of the management committee of economic development zone marching into the legal system, the standardized track, this article will attempt to have a study of the question of legislation of the economic development zone. The article has three partial compositions:The first part has summarized the development of our country's economic development zone and its management committee. At first, this article briefly introduces the production of the economic development zone, summarizes the development process of the economic development zone and the important role in our country's economic and social development, expoundes on the theory to support the development zone. On the analysis of the concepts, types and elements of the economic development zone, this article details the basic management pattern of the economic development zone in our country, which mainly has three kinds of basic types: the administrative leadership management system, the company management system, the mixed type management system, and defines clearly the basic functions of the management committee.The second part has analyzed the difficulties faced by the economic development zone. The legislative work of the economic development zone relatively lags, so that a series of legal difficulties have been initiated. First, the chief qualification is not clear. Because the administrative, status and authority about the economic development zone has not been clearly defined, and the ideas about the administrative body for the economic development zone mixed. The writer believe that the economic development zone belongs to the organization authorized by laws and regulations, should have full authority in the administrative qualifications .Second, the plight caused by the area expansion and the functions expansion of the economic development zone. In the process of the development, there are two "undistributed" problems might lead to the administrative body sick . One problem is that the jurisdiction of regional development zone does not lead to the lattice , another is that administrative laws and regulations mandate undistributed delegated administrative body does not lead to the lattice. Third, the plight caused by the low levels of empowering regulations. The rank and effectiveness of the empowering laws and regulations decide the economic development zone's administrative qualifications, the administrative authority and the management responsibility. It is very likely that the empowering regulations at the low level will greatly lessen the economic development zone for various administrative effectiveness of the law. Fourth, the plight caused by not violating the administrative qualifications. As the emergence of the administrative qualifications, it is unable to distinguish the main responsibility and pursue their statutory responsibilities, it is neither in accordance with the law, but also brings much inconvenience to the administrative proceedings. Fively, the plight caused by the conservative concepts in the minds.The third part discusses the measures how to improve the laws and regulations on economic development zone. The management pattern established which adapts to the characteristic is the basic starting point to the organization management and construction of the economic development zone. We should seek redeeming measures of the management committee's administrative qualifications, redeeming measures of the administrative law in low levell position, redeeming measures of administrative law in the aspect of the illegal responsibility. The proposion on legislation of the management meeting is an important innovative idea proposed in this paper. There are two main aspects that hinder to improve legislative work in the economic development zone. One is that, to maintain its vitality, the economic development zone's management structure needs to continue to explore innovative, but laws and regulations maintain stability, which constitutes a paradox. Another is that, there are many kinds of the economic development zones, and it is different in management style, so a unified regulatory system is difficult to regulatory documents. The article proposes the ways and means to accelerate the development zone legislation from two aspects ,one is to breakthrough hinder development zones innovative energy, another is the reunification of management system .To the economic development zones which have the management committees, we should make laws and regulations to clearly formulate its legal status and management models, increase measures adapting to the new situation and in conformity with international practice and reduce preferential policies; it should fully reflect the change of government functions; and implementate measures to improve the relevant rules. Meanwhile, we should be guided by the advanced legislative concept, in conformity with international practice, actively learn from the advanced management experience of abroad development zones, at the proper time to introduce the appropriate state-level economic development zone bill.