Research On The Legal Status Of Regional Administrative Committee

The regional administrative committee is an administrative authority emerging with the establishment and the development of various specific districts in China.Due to the rapid development of the management system,a series of problems,such as the indefiniteness of the subject qualification,the uncertainty of the scope of its functions and powers,the complicatedrelationship with other administrative bodies,have arisen in the administrative practice.The courts are intended to adjudicate in different ways facing with similar cases in judicial practice.In order to promote the regional management and to enhance theadministrative efficiency as well as to ensure the legality of administration,it is necessary to clarify the sources and scope of the committees' functions and powers and to ascertain their legal relationships with different administrative bodies.The dissertation analyzes positive legal norms and relative cases,making an overall depiction about the legal status of different regional administrative committees so as to benefit administrative and judicial practice.The dissertation is divided into five parts.The first chapter mainly introduces the history of specific districts adopting administrative committee system such as the economic development areas,university towns,scenic spots and tourist resorts,clarifying the process of the generation and the development of the existing regional administrative committees in China.The second chapter classifies the sources and the scope of the functions and powers of regional administrative committees via the collation of related local statues and rules,making it clear that regional administrative committees are not pure authorized organizations or entrusted organizations.The third chapter analyzes the relationships between the regional administrative committees and the bodies which established them,their inner departments,as well as the local basic-level governments governing the area where they locate,defining the legal nature of the regional administrative committee.And the forth chapter concludes the legal nature of the regional administrative committee in administrative and judicial practice.The position of the regional administrative committee during the procedure of administrative remedy is analyzed combining with the cases concerning it.The last parts summarizes the contents above,proposing that the recognition of the legal status of the regional administrative committee should be defined based on relevant positive law.Simultaneously,timing clearance and amendment of the existing law is required.Furthermore,it is significant to keep the inherent uniformity of the legal system in terms of future lawmaking.