我国区域经济一体化背景下的行政协议

我国区域经济一体化背景下出现的行政协议,是区域政府为克服行政区划障碍而进行合作的法律机制。区域政府间的行政协议,应当以区域平等为法治基础,是对话和协商的结果。行政协议的缔结,主要涉及主体资格、公众参与和主要条款等问题,关系到中央与地方、地方与地方、政府与公众、公权与私权的界限,行政协议的履行,则涉及行政协议的效力、实施机构和纠纷解决机制。行政协议不仅适用于区域政府间的合作,也可适用于所有行政机关之间纠纷的解决与合作。但是它的运用和发展,需要以行政协议法为制度平台。

The Administrative Agreement under the Background of Regional Economical Unification in China

The administrative agreements appeared under the background of regional economical unifica- tion in China is a kind of legal mechanism upon which regional governments cooperate so as to overcome the impediments brought by administrative division. The administrative agreement between regional gov- ernments shall take regional equality as its legal basis, coming out as the result of communication and ne- gotiation. The conclusion of administrative agreement mainly involves the problems of subjects'qualifica- tions, public participation and main clauses, which relate with boundaries between the central authority and locality, the government and public, the public rights and private rights. The performance of admin- istrative agreement involves with the problems of its validity, enforcement body and disputes solving mechanism. The administrative agreement could be applied not only to the cooperation between regional governments, but also to solving disputes and cooperation among all administrative organs. However, its application and development need the law of administrative agreement as its institutional platform.