Heoretical Interpretation Of Administrative Organization Law Of Mission-Oriented State-level New Area Organization

The state-level new area refers to a special functional district approved by the state council and the state letter,which geographically across multiple administrative regions and has jurisdiction over multiple economic zones,undertakes major national institutional reform and innovation tasks.Since 2014,a large number of state-level new areas had been set up all over China.The state-level new area adopts flat organizational structure,big department,streamlined agencies special management system,sets up management committee consists of senior leaders as the administrative institutions,exercises administrative functions and powers given by provincial and municipal governments,and plays a role almost like provincial government,formed a completely different new organization structure from traditional.This makes the existing theory of administrative organization law in China fall into the predicament of interpretation,and it is urgent to explore new effective interpretation and response ways for the state-level new area and its organizational construction.Under the traditional administrative organization theory,the administrative subject theory in the external abstract perspective focuses on the legality of the litigation qualification and the subject of responsibility,and ignores the internal construction of the organization;while the administrative organization theory focusing on internal construction is biased towards From the perspective of administrative management,there is a lack of legal interpretation of organizational adjustment in the state-level new area.The new organizational structure formed by the horizontal integration of the state-level new area on the basis of the traditional organizational system poses a huge challenge to the basic principles,adjustment scope,organization type and structure of China's organizational law.In practice,the formation of the organizational structure of the state-level new area is a moderate break for the traditional bureaucracy.Such reforms consciously or unconsciously absorbed the core concept of new public management,from traditional hierarchical organization to a new organizational structure that facilitates service.uploading and coordinating coordination;it is also an adaptive adjustment to the change of administrative tasks.The basis of the matching principle between administrative organization and administrative tasks is the organizational form formed by matching the needs of the state-level new area in pursuit of economic growth and development performance.Facing the aphasia of traditional administrative organization law on the organizational form selection and structure construction in the state-level new area,this paper proposes the administrative administrative mission-oriented new administrative organization law perspective,and the single legality consideration element under the traditional administrative organization law.In addition,the introduction of the correct administrative considerations,the scope of administrative organization and regulation system is expanded to take into account the comprehensive consideration of administrative legitimacy and correctness.Then on the basis of interpreting the administrative correctness,it puts forward the elements of the optimal organizational construction of legitimacy,economy and democracy to conform to the "organization's best commandment".Finally,based on the various organizational considerations,this paper selects the design principles of the new district organization law,the flattened new area organization type selection,and the legal relationship between the new area organization and the original administrative organization.To explain the main content of the mission-oriented new area organization structure.