Research On The Legal Issues Of The Statutory Board Reform Of The Development Zones In Chinese Mainland

In recent years,with the rapid improvement of China's economic marketization level,China's development zones face the new requirements of diversification,specialization,complexity and high standardization of economic and social development needs,which highlights the problems such as rigid system and mechanism,aging industrial policies,solidified institutional interests,weakening human power and so on,which need reform and innovation of the system and mechanism.As a foreign product,legal institutions originated in the United States and other countries,as a solution to a series of problems caused by the large government system,such as low efficiency,poor flexibility,and unable to meet social needs.Because of the difference of legal system and administrative system in different countries or regions,there are also differences in names.Legal institutions are established according to specific laws,not included in the government sequence and civil service system,which operate independently and relatively independently and perform the functions of public affairs management or public service.Legal institutions undertake some administrative and public service functions of the government by means of decentralization,marketization and other incentives,in order to perform official duties more efficiently and provide public services with higher quality.This governance mechanism and operation mode are highly consistent with the institutional mechanism innovation requirements of China's development zones.Statutory bodies in China's development zones and even in the future in more areas to play their institutional advantages.It is necessary to clarify the legal subject status of legal institutions in China.Legal institutions are in line with the elements of "power,name and responsibility" in the theory of administrative subject and the tendency of administrative subject theory in judicial practice,and have full capacity in administrative law.In the detailed analysis of administrative organs and authorized organizations,legal institutions perform the functions of public management and public services in accordance with the law.Their non-profit nature in performing the non-administrative functions is more consistent with the legal position of authorized organizations,which plays an important role in coordinating the relationship between the government and society.The authorized social administrative subject is the legal status of legal institutions.Secondly,in terms of governance structure and operation mechanism,the practice of the reform of statutory institutions in China's development zones is based on the regional functional positioning and development reality,and a trinity of decision-making,implementation and supervision as the core,as well as a multi entity corporate governance structure in which the industry participates in governance.At the same time,adopt the mode of the enterprise,market,through the adoption of all employees hired and multi-level performance evaluation mechanism,such as system design,and give full play to the statutory body is not affected by the government departments intervene and the characteristics of independent operation,highly efficient and flexible,activate the endogenous.In legal theory and development zone in China,inadequate protection of the legal institutions in the practice of reform of legislation,accept ability is limited,evaluation supervision difficult problems,suggest that legal institutions in terms of legislation system,adopts the unified legislation and legislation respectively,the combination of longitudinal and transverse legislation with the combination of legislation mode and higher legislation status legislation of legal institutions.This paper tries to put forward relevant operating guidelines from the perspective of the decentralization of government power and the devolution of statutory bodies.In terms of the supervision mechanism of statutory bodies,the supervision requirements of "big constraint" and "big supervision" are taken as the guidance,and the internal and external supervision are combined to establish a supervision mode throughout the whole process.The research on the construction of legal institutions by law is of great significance to the reform of legal institutions,public institutions and the system of large ministries in the future development zones of China.