Study On Legal Status Of The Management Committee In China Development Zone

Since the era of reform and opening up, several kinds of development zones havebeen established in China. Since the first development zone was established, during20years, development zones are springing up rapidly around our country. In mainlandChina, development zones have been established in31provinces with different extent.These development zones mainly include: high-tech development zone, economy andtechnology industrial development zone, export processing zone, bonded zone, thefrontier economic cooperation development zone etc. At present, these developmentzones have formed a set of relatively completed operating mechanism in opening up,efficiency, reformation, investment etc, and play an important role in system innovation,economic structure adjustment, the regional economic growth, industrial structurecoordination etc, and have become the engine of economic growth in our country.After years’ development, the development zone has been expanding gradually,and plays an important role for our country’s economic construction. At the same time,during the developement, moreover, management system and pattern with unique butrelative molding have been gradually forming. At present, generally, in all kinds ofdevelopment zones in our country, the management committee is regarded as themanagement institution during managemenr. But in practice, management institutionalways encounter difficultied during management. The root reason why these difficultesoccure is that legal position of the management institution is unclear. China still has nolaw with national standard to regulate the development zone, and our administrativeorganization related laws and regulations also do not regulate the administrative subjectproperty of management institution clearly. At present, only some local regulations havesome provisions about the management institution and management system, but thoseprovisions are with low effect and not very clear. Regulations can not keep pace withthe reality leads to incoherency between administrative power and responsibility of themanagement institution, weakening of management efficiency, and easy occurence oflegal disputes. The author thinks that to identify legal position of the managementinstitution will play an important role in standardizing the management of the domesticdevelopment zones and in realizing sustainable development in the development zone.The solution to solve the above problems is to accelerate the establishing ofstate-unified legislation, in order to make clear the legal status of the management institution, to authorize the management institution and its inferior institution relativelyadministrative management power, to standardize the organization establishment, so asto meet the need of sustainable development of all kinds of development zones.Based on the research approach which combines analyzing and comparing, as wellas theory and practice, analyzing legal position of management institution andtentatively discussing improvemnt of regulations by using administrative subject theory.The text includes four parts: the first part summarizes the development zone andthe development history of management system. The second part analyzes the legalposition of the management institution. The third part analyzes the problems whichfaced by the management institution. The fourth part put forward to the suggestions onimprove the management institution’s legal position.