Development Zone Management Committee of Baoying County, Yangzhou City, Jiangsu Province

Development Zone Management Committee

August 1, 2005 is a special day. According to the interpretation on applicable law in the trial of cases involving disputes over the use right of state owned land adopted by the 1334th meeting of the judicial committee of the Supreme People's Court on November 23, 2004, the land use right transfer contract concluded by the administrative committee of the development zone as the transferor and the transferee shall be deemed invalid. However, before August 1, 2005, the administrative committee of the Development Zone, as the transferor, entered into a contract for the transfer of the right to the use of the land with the transferee. If the contract was approved by the land administrative department of the people's Government of the city or county before the prosecution, the contract can be deemed to be valid. This is an important judicial interpretation that directly negates the subject qualification of the Development Zone Management Committee.

Purpose of establishment

There is no such organization as the Management Committee of Development Zone in China's administrative structure. Along with the Development Zone fever all over the country, the Management Committee of Development Zone emerges as the times require. The Management Committee of the development zone is not only responsible for attracting investment, but also as the agency of the government, exercising the power that can only be exercised by the government.

Derivative problems

In recent years, many development zone management committees not only invite foreign investment and lease land, but also set up judicial organs and procuratorial organs, which have become local special zones. The relevant departments of the State Council have long been alert to this phenomenon. Cleaning up development zones has become an important part of the State Council's agenda in recent years. However, due to the wide range of development zones, the power of the Management Committee of the development zone comes from all aspects. Therefore, in the process of cleaning up, if we only reduce the number of development zones, or reduce the scale of the Development Zone, and do not clarify the nature of the management committee of the development zone from the height of the Constitution and law, then the expansion of the development zone will appear in the future. the constitution of our country has made very clear provisions on the organs of state power. The governments of all provinces, autonomous regions, municipalities directly under the central government, counties and townships must carry out their work within the scope of their functions and powers prescribed by the Constitution and laws. However, almost at the same time of the promulgation and implementation of the constitution, in order to meet the special needs of some regions, China has set up many independent organs of state power. For example, the Construction Corps has been set up in Xinjiang. In some parts of the mainland, reform through labor farms also have their own public security bureaus, courts and procuratorates. In this context, it is not surprising that the Management Committee of the Development Zone, as an agency of the government, exercises the power of the administrative organ entrusted by the Constitution and the law. However, the existence of the Management Committee of the development zone shows that the rigid constraints of the Constitution and laws have not been truly implemented. In the minds of some local officials, they can do anything that violates the law and discipline in order to promote the development of local productivity. Under such a reform idea, everything that can't be handled in a normal administrative region can be arranged in a development zone and decided by the management committee. Therefore, on the surface, development zones are special economic zones, but in essence, development zones are special cultural zones and special legal zones, which are safe havens to evade the provisions of national laws.