Research On The Constitutionality Of The Management System Of The Development Zone

Since the establishment of the first 14 national-level economic and technological development zones in 1984,the development zone has experienced 36 years of development and has played an important role in leading reform and opening up and promoting economic development.The development zone has been positioned as an early special economic function zone It has gradually transformed into a complete administrative and economic function zone,and the setting up of management agencies in the development zone has also gone through a stage of randomness,experimentation,standardization and diversification.Nowadays,the planning and construction of development zones around the world are in full swing,and development zones are promoting technological innovation,The role of promoting industrial agglomeration and driving regional economic construction has been further strengthened.However,it is undeniable that the management system of the development zone has many problems that conflict with the constitution and the law in practice.In the legal system,the development zone is one of the early reform measures of reform and opening up,and it has not been unified and regulated from the constitution and legal level.The normative documents issued by the central government are mainly policy-oriented,and the legislative model of fragmented and decentralized legislation has resulted in uncoordinated connection and application of local regulations.In terms of organizational structure,the development zone system has vertically disrupted the existing four-level administrative divisions of provinces,cities,counties and townships.The development zone management institutions have no administrative areas under actual jurisdiction.The government relationship is not smooth,the development zone management organization and its public officials lack the supervision of the National People's Congress and the supervision committee.In terms of power and responsibility,due to the lack of a clear legal status,the effectiveness of administrative actions made by development zone management agencies is yet to be determined,and the subject qualifications in administrative remedies and administrative litigation are also unclear,resulting in inconsistent administrative power exercise and legal responsibility.In terms of operation mechanism,due to the continuous expansion of administrative power,the development zone management agencies are increasingly expanding and the staffing is extremely confusing.The low level of authorization laws and regulations leads to the unclear definition of the development zone management agency's terms of reference,insufficient autonomy and lack of standardization of power operations.In response to many problems in the development zone management agencies,the State Council issued a document in 2003 to suspend the development zone approval and clean up and rectify the development zone,and subsequently issued a number of documents that proposed to improve the development level of the development zone,standardize the development zone construction management,and aimed at The development zone management system puts forward reform and innovation policy recommendations.In 2017,the State Council promulgated the "Opinions on Promoting Development Zone Reform and Innovative Development",proposing to promote the innovative development of the development zone and the deepening reform of the development zone management system.Since then,Jiangsu Province,Shanxi Province,Liaoning Province,Hubei Province have also issued Provincial development zone regulations to regulate the operation of development zones and their management agencies.However,the reforms embodied in these normative documents and local laws and regulations are only to standardize and guide the existing development zone management agencies,but they have failed to fundamentally resolve the development zone management agencies 'constitutional structure,power-responsibility relationship,operating mechanism,etc.Conflicting issues.As the fundamental law of our country,the Constitution has the highest legal effect.No organization or individual can surpass the Constitution and laws.The development zone and its management agencies must also abide by the Constitution when implementing their economic functions,and insist on administration according to law within the framework of the Constitution and laws.1.Power checks and balances to promote the construction of rule of law in development zones.On the basis of the definition of constitutionality and the analysis of the current status of the development zone management system,this article attempts to propose a reform path for the development zone management system from the perspective of constitutionality analysis.The first is to perfect the development zone system standard system,unify the development zone legislation,and introduce the official legal person system through the innovation of the legal system.The second is to classify and reform the management system of the development zone according to the development scale and management authority of the development zone,and to clarify the organization,authority,responsibility and operation mechanism of the development zone accordingly: First,for development zones with mature development and prominent administrative features,We should guide the “political area unity” between the development zone and the administrative zone,propose specific institutional arrangements after the integration of the development zone and the administrative zone on the basis of analyzing the feasibility of the “administrative zone integration”,and focus on discussing the economic function diversification and mechanism operation of the development zone How to coordinate the relationship between standardization;Second,for development zones that emphasize economic functions and cross-administrative zones,the establishment of development zone management agencies should be canceled,and the development zone head office should be set up to manage the development zone enterprise.On the basis of superiority,it discusses the institutional arrangement,function setting,and relationship between the head office of the development zone and the local government.The third is to give full play to the development zone 's role as a model leader in reform,opening up,and economic development,introduce a system of official legal persons,conduct flexible reforms of the development zone 's management agencies,set up a “statutory agency” to comprehensively manage the development zone,and make it clear by amending constitutional laws The legal status and management authority of the "legal institution".