Study On Administrative Agreement

In order to achieve the purpose of economic development,convenientmanagement and optimization of public service,the administrative agreement isconcluded by the administrative organs who do not subordinate to each other.Conclusion of the administrative agreement is derived on the behavior of theadministrative organ function, and is the result of the administrative organ’s externaladministrative behavior. Needs of the innovation of social management, public servicehomogenization and economic integration make the cooperation between localadministrative organs gradually increasing.The administrative agreement as aimportant way of local administrative organs cooperation, can not only meet the needsof the local administrative authorities of collaboration, but also provides a differentidea for the transformation of government functions, social management innovationand the reform of the administrative system. A large number of administrativeagreement is still in rapid development in practice. The birth of the administrativeagreement has many reasons. However, whether the subject category,content andform are in the state of "chaos" in the practice of administrative agreement. There issome resistance in the implementation of the administrative agreement.To achievegreater development,we must find a balance between power and resistance of theadministrative agreement. The protocol is a strong political attribute, and the essenceis the game between the central and local government. From the view of theory,concluding the administrative agreement is a kind of external administrative behavior(non external administrative act). Because of less concern about foreignadministrative behavior of the existing theory of administrative law, there are somedifficulties putting the administrative agreement into the system of administrative law.The nature of administrative agreement are administrative assistance, administrativecooperation and coordination of the administration. On the basis of the functions ofthe government, the administrative agreement can be divided into developmentadministration, service administration and coordination of administrative agreement.According to the object of administrative agreement,the administrative agreement can be divided into direct administrative agreement and indirect administrativeagreement. According to the type of the administrative agreement regulation,procedure, effectiveness and dispute resolution of the administrative agreementshould be different. From the view of a practical point, each party of theadministrative agreement has not the right ability to conclude administrativeagreement. This takes great difficulties to the administrative agreement regulationfrom the legal aspects. Soft law maybe can provides a new direction for the legalregulation of administrative agreement.