Study On The Qualification Of Administrative Litigation Defendants Of Development Zone Management Organizations

With the continuous development of the economy,various development zones have emerged continuously and occupy a certain position in social administration.Whether the development zone management institutions can be used as defendants in administrative litigation has become a problem often encountered in practice.This article starts from the inquiry of the accused qualification and the administrative subject,and points out that the wrong use of the administrative organization law in the confirmation of the accused qualifications in China.In addition,this article applies to the Supreme People's Court on the application of the Administrative Procedure Law of the People's Republic of China.Article21: Exploring the qualifications of defendants in different levels of development zone management institutions,and found that some development zone management institutions approved by the State Council have been identified as local agencies in local regulations,and the dispatched institutions do not have administrative in principle.Subject qualifications,and even some development zone management agencies approved by the provincial people's government are not authorized by laws,regulations or even regulations.Both categories are granted the accused qualifications in Article 21.At the same time,the functional departments of the development zone management institutions approved by the State Council and the provincial people's government have also granted the accused qualifications.This provision breaks through the application of the administrative subject theory to the accused qualifications.However,for other development zone management agencies,the qualifications of the defendants of their functional departments are first denied.Secondly,whether the management body can be used as a defendant to examine whether there is authorization,and the unqualified subject qualification is to establish the people's government as the defendant.In the development zone,the judicial interpretation did not give the governing body too many accused qualifications,and still used the standards of the administrative subject as the main criterion for determining the qualification of the defendant.As mentioned above,two different standards have been adopted in the accused qualifications of the development zone management agencies.One is to look at the approval establishment of the development zone,and the other is to find the administrative entity as the defendant.These two standards are inherently difficult to be self-consistent in terms of logic,and at the same time have no accurate understanding of the purpose of administrative litigation in resolving the accused.Combined with the principle of realizing the purpose of administrative litigation and the economics of litigation,the article proposes that the confirmation of the qualification of the defendant should first recognize the standard and extension of the administrative subject;dilute the standard of the administrative subject,treat the standard of behavior cautiously,and follow the principle in the sense of procedural law.,for example,the principle of attribution of responsibility and compliance with the purpose of legislation and the principle of facilitating litigation and legal superiority.It is not advisable to align the two standards,and the accused qualifications of the management organizations of each level of development zones should be treated separately.