On The Legal Status Of The Development Zone Management Committee

Since China’s reform and opening up, the development zones gradually developed into a growth point of innovation and economic growth in the city. The management committee is usually the governing body of the domestic development zone. At present, the legal status of the management committee of the domestic development zone is unknown, which makes its power, responsibilities and the operation process unclear, the effectiveness of law enforcement questioned. The traditional theory tends to define the management committee of the development zone as a local government, a governmental department, an administrative dispatched organ, an administrative dispatched agency, the organization entrusted by the government organ. In this paper, based on the analysis of the traditional theory of the legal status of the management committee, the legal status theory of the management committee is constructed in a diversified theory perspective. On the one hand, the different management committees of development zones in our country has many functions, so it has the legal status of diversification. On the other hand, the different management committee has its main function, which determines its dominant legal status.This paper mainly studies the legal status of the management committees and similar institutions or organizations of high-tech development zones and economic development zones. The functional orientation of the development zone is a demonstration of the window of opening up, the model on high-tech research,adjustment of economic structure, institutional reform, the development of circular economy, playing a leading role in the development of regional economy. Therefore,the positioning of the management committee of the development zone must be make the aforementioned economic construction functions as the purpose. In practice,the management committee of the development zone is faced with a serious of legal problems, such as the confusion of legal status, the crisis of legitimacy and the monopoly of the public service, and so on, which make clearing up the legal status of the management of the committee of the development zone imminent.Denying single positioning of the management committee,I consider the management committee is not a local government, not a government dispatched organ,not only an administrative dispatched agency, not only an administrative authorized organization, not only an administrative entrusted organization. Based on the theory of socialization of public service,I make corresponding diversified positioning of the legal status of the management committee of the development zone, according to the diversified functions of the management committee. That is,the management committee of the development zone has the nature of the administrative authorization,the administrative entrustment, the public institution, the third sector and the enterprise, which is the synthesis of the diversified status, however, the management committee has its leading position. The managerial pattern of development zones should transform the government-led public service pattern into’government - the management committee - society - market’ polycentric managerial model.The diversified positioning of the management committee will bring about the difficulty in coordination and management between the different departments within the management committee. The socialization and marketization of public service may lead to the "market failure" phenomenon after the government decentralization.Therefore, we should make legislative perfection and institutional restructuring on the management committee of the development zone. First of all, define the management committee of the development zone diversified legal role, with its economic function as the guidance. And, according to the law, restructure institutional settings of the management committee of the development zone, forming complete organizational system which led by the management committee, participating with the whole society.Secondly, establish ’Development Zone Management Law’, defining the management committee as the integration of the dispatched organization, the authorized organization and the entrusted organization of municipal government departments,clarifying the scope, subject, power, responsibility and procedure of public service,realizing standardization and diversification of service supply. Clarify the relationship between the local government and the management committee of the development zone,and establish a communication and coordination mechanism between the government and the management committee. Finally, the government and the management committee should assume the guarantee obligation and supervisory responsibility after the socialization of public services. Government and the management committee can improve the legal system related to the third sector,improve the financial system of public service and the market rules, to create good environment for public services, to assume the obligation of guarantee. The government and the management committee should strengthen the supervision and evaluation of the main body of public service supply,improve the price mechanism of public services, carry out macro-control, to assume the responsibility of supervision and guarantee after public service socialization.