The Study Of Administrative Agreement For Regional Cooperation

With the development of global economic integration, regional economic develops faster, the link between the region is becoming more and more closely, and the variety of cross-regional affairs is increasing. The issue how to coordinate the relationship between local governments promotes local government coordination and cooperation, and common development, needs to be resolved in the process of regional economic integration. In this context, the mechanism of the administrative agreement to be taken seriously, and has been widely used in regional cooperation in practice. However, in mainland China, the scholars of theoretical research for the administrative agreement is still in the initial stage, and many defects being exist in the concrete system, limit the further application of the administrative agreement in practice therefore, the research for the administrative agreement becomes particularly necessary and urgent. This paper main divides into three portions to analyze and argue this problem. First, this article starts with summarizing the administrative agreement of regional cooperation, and points out that, in order to achieve a specific administrative purposes, the administrative agreement of regional cooperation is administrative behavior of both sides reaching an agreement by using the executive power on the basis of consensus, which is based on regional cooperation needs of two or more administrative organs in which there are no affiliations. The administrative agreement of regional cooperation is divided into general administrative agreement of regional cooperation and special administrative agreement of regional cooperation. The general administrative agreement of regional cooperation does not belong to the abstract administrative acts, because it does not involve specific rights and obligations, and is no problem for the administration counterpart. The special administrative agreement of regional cooperation belongs to the abstract administrative acts, because it involves specific rights-obligation mechanism and cooperation mechanism, and has an effect on the administration counterpart. Then, this article analyzes the administrative agreement current system of China and foreign regional cooperation. The main parts of our regional cooperation administrative agreement mainly consist of provincial city, level city and governmental agencies. Its content relates to extensive fields, and the main ways of cooperation is chief executive system of joint conference. This paper points out the existing problems in practice regional cooperation administrative agreement, such as no subject qualification, lack of public participation, serious lack essential clauses, indeterminacy efficacy, Lack of performance of the rules of the constraints, lack of effective dispute resolution mechanism and so on. Finally, the paper puts forward some Suggestions to perfect our country’s administrative regional cooperation agreement from a legal perspective. The paper analyses from the principle and main body, procedures and contents, effectiveness and the way, law relief and other problems. This paper thinks that we should insist on equality and mutual benefits, cooperation, mutual benefit and win-win four principles. Main body should include concluded the local people’s governments at various levels, the local people’s government functional departments and other organizations. Concluded program should emphasize the public participation, and apply to different register system according to different types of administrative agreements involve area. The agreement content should be specific, and ensure the completeness terms. The main body can resolve the dispute through self-reliance solve, administrative solve and judicial the solution.