Research On The Qualification Standards Of Administrative Litigation Defendants Of The Development Zone Management Committee

The Development Zone Management Committee is the management body of the development zone and undertakes certain economic management functions and other functions.At present,the domestic development zone management committee lacks perfect legal norms,which makes the nature of its legal subjects unclear,making the determination of its accused qualification a difficult problem.Article 20 of the "Interpretation of Interpretation" in 2018 stipulates the subject qualification of the defendant of the development zone management institution,that is,the qualification of the defendant is determined in combination with the level standard of the approval authority and the administrative subject standard of the management committee,and to some extent responds to the current China's various development zone management agencies participate in the "qualification" of administrative litigation.But at the same time,the double standard is not very compatible with judicial practice: one is that the nature of the legal subject of the development zone management committee under the administrative subject standard is not clear,and the application of the administrative subject standard will also bring certain controversy;the second is administrative The level standard does not have the legitimacy to judge the qualification of the defendant,and approves the establishment of an authorization that cannot replace the legal norm;the third is the comprehensive standard for the authorization of the provincial level orthe provincial level,and the difference between the two standards makes the logic between the two standards confusing.Self-consistent.This paper studies and clarifies the nature of the legal body of the Development Zone Management Committee.Some theoretical doctrines define the development zone management committee as a first-level government,a dispatching agency,a dispatched institution,and a commissioned organization.However,from the perspective of legal norms,the legislation at the national level does not clearly define the nature of the development zone management committee.Some local regulations also lie between the dispatching agency and the dispatching agency.Moreover,some local legislation directly avoided the nature of the development zone management committee.Therefore,this article combines the theory of administrative subject,and believes that whether or not the administrative authority of the source is the core standard of the administrative committee of the development zone.In addition,in response to the “legality crisis” of the Development Zone Management Committee,it indicates that the development zone management committee with legislative authority should have the qualification of administrative subject.This paper questions the comprehensive criteria for determining the qualifications of defendants in the Development Zone Management Committee as stipulated in Article 21 of the Interpretation of Banking.In theory,for the special subject of the development zone management committee,the failure to regulate the authorization should be the core criterion for judging whether it can become the defendant of the administrative litigation.Judging from the judicial practice,the local courts are not allowed to participate in administrative litigation for the defendant of the development zone as an accused of administrative litigation.In the case of some development zone management committees that do not have the qualifications of the defendant,it will be found that whether or not the legal norms are authorized has become the main criterion for judges to review the qualifications of the defendants.Therefore,this paper believes that the use of legal norms to authorize standards,review whether the development zone management committee is authorized by laws,regulations or rules,and then determine the qualification of the defendant of the development zone management committee is more standardized and more reasonable.Article 21 of the Interrogation Interpretation does not accurately grasp the nature of the legal subject of the Development Zone Management Committee,and ignores the standard that becomes the core of the defendant in administrative litigation.It is not only theoretically unexplained,but also brings new application difficulties to judicial practice.Therefore,the qualification criteria for the administrative litigation defendant of the Development Zone Management Committee should be redefined.First of all,we should adhere to the normative style of judicial interpretation and confirm the qualifications of defendants of the Development Zone Management Committee.Secondly,it is necessary to accurately grasp the qualifications of the defendant of the development zone management committee and its functional departments.The behavior of the functional department should be the defendant of the development zone management committee.Thirdly,in the supplement of the standard,the first is to recognize the qualification of the defendant obtained by the development zone management committee according to the administrative division standard;the second is that the authorization document should be limited to the authorization of narrow laws,regulations or rules;The defendant qualification of the Development Zone Management Committee.Finally,in the refinement of the legal norms authorization standards,the legal authority authorization for each development zone management committee should be improved,from general authorization to single authorization,from administrative management area to economic function area.By clarifying the nature of the corresponding legal subject,the authorizes the authorization of the development zone management committee,with a view to constructing a legal and reasonable qualification standard for the defendant of the development zone management committee.