开发区管委会行政主体资格研究
发布时间：2019-02-12 08:29
【摘要】：三十年前的秋天,当大连成立了我国第一个开发区的时候,谁都不敢想象,经过几代开发区人不断摸索总结、改革发展、创新完善,开发区已然成为我国经济转型探索的先行者,成为了国家经济领域改革转型的重要模式和不可小觑的中坚力量。三十年后的今天,当拥有经开区、高新区、进出口加工区、保税区、自贸区、旅游区等多种类、多级别的开发区在我国生根发芽、遍地开花的时候,开发区成为了所在地人民政府转移失地农民的主要渠道、解决大学生就业的主要市场、政策倾斜和扶持主要战场。三十年弹指一挥间,开发区已经成为地方经济增长的稳定引擎和重要保障,成为我国经济高速发展、产业优化转型升级的主力军。然而,与开发区经济欣欣向荣的生动局面形成巨大对比的是法制方面的动作可谓一潭死水。至今,国家层面都没有颁布一部开发区法,只有地方各级人大或人民政府出台过关于各自开发区的地方性法规和行政规章,大多因为没有上位法做出原则性的规定,导致这些地方性法规和行政规章有太多的地方特色,且随意性相当大。正是因为法律的缺位,导致管委会的行政主体资格不能得到很明确的界定,这使得在实际操作中,管委会遭遇了很多困难。本文拟通过阐述我国开发区的管理模式和管委会的职能,论述管委会在实际运行中遇到的现实困难,界定管委会的性质,探讨管委会面临法律地位的尴尬,剖析管委会行政主体资格,列出笔者对该问题的一些思考和法律建议。文章的第一部分主要介绍我国开发区管委会的主要管理模式、职能和开发区管委会在实际运作中存在的现实困境；文章第二部分笔者阐述了确认行政主体资格的方法,并通过对比探讨了我国管委会应不应该是一个行政主体,在此基础上对管委会的做了定性分析；文章第三部分笔者通过《地方组织法》、开发区法、地方行政规章三个角度对我国开发区管委会行政主体资格提出立法建议,最后提出加强监督的建议。
[Abstract]:Thirty years ago, when Dalian set up the first development zone in China, no one could imagine it. After several generations of people fumbling and summing up, it was reformed, developed, innovated and perfected. The development zone has become the pioneer of the exploration of economic transformation in our country, and has become the important mode and the backbone force of the reform and transformation of the national economic field. Today, 30 years later, when there are many kinds of, multi-level development zones in China, such as open development zones, high-tech zones, import and export processing zones, bonded zones, free trade zones, tourism zones, and so on, they have taken root and sprouted everywhere in our country. The development zone has become the main channel for the local people's government to transfer the land-lost peasants, to solve the main market for college students' employment, and to tilt the policy and support the main battlefield. In 30 years, the development zone has become the stable engine and important guarantee of the local economic growth, and has become the main force of the rapid economic development and industrial transformation and upgrading of our country. Yet, in contrast to the dynamic economic boom in the development zone, the legal system is stagnant. Up to now, no national level has promulgated a law on development zones. Only local people's congresses or people's governments at various levels have issued local laws and administrative regulations on their respective development zones. These local regulations and administrative regulations have too many local characteristics, and are quite arbitrary. It is precisely because of the absence of the law that the administrative subject qualification of the Administrative Committee cannot be clearly defined, which makes the Commission encounter a lot of difficulties in practice. This paper expounds the management mode of the development zone and the functions of the management committee in China, discusses the practical difficulties encountered by the management committee in its actual operation, defines the nature of the management committee, and probes into the embarrassing legal status faced by the management committee. This paper analyzes the qualification of the administrative subject of the Administrative Committee, and lists some thoughts and legal suggestions of the author on this issue. The first part of the article mainly introduces the main management mode, functions and practical difficulties of the development zone management committee in China. In the second part of the article, the author expounds the method of confirming the qualification of administrative subject, and probes into whether the administrative committee of our country should be an administrative subject or not, on the basis of which the qualitative analysis is made to the administrative committee. In the third part of the article, the author puts forward legislative suggestions on the qualification of the administrative subject of China's development zone management committee from three angles of "Local Organic Law", "Development Zone Law" and "Local Administrative regulations", and finally puts forward some suggestions on strengthening supervision.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D630
本文编号：2420253
[Abstract]:Thirty years ago, when Dalian set up the first development zone in China, no one could imagine it. After several generations of people fumbling and summing up, it was reformed, developed, innovated and perfected. The development zone has become the pioneer of the exploration of economic transformation in our country, and has become the important mode and the backbone force of the reform and transformation of the national economic field. Today, 30 years later, when there are many kinds of, multi-level development zones in China, such as open development zones, high-tech zones, import and export processing zones, bonded zones, free trade zones, tourism zones, and so on, they have taken root and sprouted everywhere in our country. The development zone has become the main channel for the local people's government to transfer the land-lost peasants, to solve the main market for college students' employment, and to tilt the policy and support the main battlefield. In 30 years, the development zone has become the stable engine and important guarantee of the local economic growth, and has become the main force of the rapid economic development and industrial transformation and upgrading of our country. Yet, in contrast to the dynamic economic boom in the development zone, the legal system is stagnant. Up to now, no national level has promulgated a law on development zones. Only local people's congresses or people's governments at various levels have issued local laws and administrative regulations on their respective development zones. These local regulations and administrative regulations have too many local characteristics, and are quite arbitrary. It is precisely because of the absence of the law that the administrative subject qualification of the Administrative Committee cannot be clearly defined, which makes the Commission encounter a lot of difficulties in practice. This paper expounds the management mode of the development zone and the functions of the management committee in China, discusses the practical difficulties encountered by the management committee in its actual operation, defines the nature of the management committee, and probes into the embarrassing legal status faced by the management committee. This paper analyzes the qualification of the administrative subject of the Administrative Committee, and lists some thoughts and legal suggestions of the author on this issue. The first part of the article mainly introduces the main management mode, functions and practical difficulties of the development zone management committee in China. In the second part of the article, the author expounds the method of confirming the qualification of administrative subject, and probes into whether the administrative committee of our country should be an administrative subject or not, on the basis of which the qualitative analysis is made to the administrative committee. In the third part of the article, the author puts forward legislative suggestions on the qualification of the administrative subject of China's development zone management committee from three angles of "Local Organic Law", "Development Zone Law" and "Local Administrative regulations", and finally puts forward some suggestions on strengthening supervision.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D630
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，本文编号：2420253
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