On Research Of Management Committee’s Legal Status In Development Zones

The development zones which were sat up in the reform and opening-up mainly aims at to build a areal environment for attracting capital and techniques. So as to promote the economical development of local district.The development zones are regarded as a “transitional” move at its beginning.With the vibrant development in development zones, management modes are emerging.For instance, the enterprise mode, the committee mode,and the mixed mode. Among them, committee mode is the most basic and universal mode.All governance mode is inseparable from the two basic body-the construction and development, the supervision and management. In the change of the interaction of“construction and development-supervision and administration”, it at the end reflects the interactive relationship between “the division of economic and administrative power”.The management committee in development zone is the “agency” which is responsible for the administrative management and economic supervision of development zones. In the practice, it has large “administrative power”, but its legal status is missing. The circumstance leads to a very "awkward" situation. On the one hand, the management committee of the development zone has not been listed in the sequence of administrative organization.on the other hand,it has not been clearly defined of its nature and status in existing laws. It neither is a level of government nor the organization authorized by laws or regulations. Moreover, it is not government agencies. The lack of the legal status of the development zone management committee triggered a series of problems. It directly leads to the indeterminate qualification of subject, the indistinct limit of power, and the mismatch of management system. It also leads to the consequences when administrative relative person cannot get effective relief as they were infringed in the management committee of the development zone.To solve the problem of the legal status of the development zone management committee, we need to be clear on the “transitional” feature of development zones.Also, we need to find the theoretical support for the orientation of the managementcommittee in development zones. From the perspective of the theory of city government, we can learn how the city government “participants”, and “players” in the development zone influence different main bodies in various management modes.From the theoretical analysis of administrative subject, we can explore the subject qualification of the development zone management committee. To solve the problem of the legal status of the development zone management committee. We can consider to do it with or without remain the position of the management committee in the development zone. Firstly, to transfer the development zone management committee into economic entities, and regard it as private subject; Secondly, to promote the level of government development zone management committee, and regard it public subject; Thirdly, to keep the development zone management committee as a special subject.In the first two ideas,although the development zone management committee has gone, but the problem of legal status of the development zone management committee would be solved. While in the third idea, to clarify its legal status, we must realize it by modifying the relevant laws or regulations...