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Research On Administrative Agreement Between Interregional Governments

Posted on:2017-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:J L CaoFull Text:PDF
GTID:2296330482996520Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative agreement between interregional governments is the outcome of regional integration, and it plays a critical role in solving cross-region administrative affairs.However, there is still somany problemsin administrative agreement between interregional governments,because of administrative law’s new field.The definition of administrative agreement between interregional is an administrative activity between administrative subjects to reach agreement freely for cooperation of administrative affairs and development of regional economics.In view of the fact that the intergovernmental administrative agreement is concluded under democratic consultation, and the goal of conclusion is better cooperation and development, so it acquires the characteristics of administrative quality and consultation.Comparing with other agreements,it also acquires the characteristics ofregionality and formality, Even though the administrative agreement between interregional governments has been increasingly applied to the processing of interragional administrative affairs, the fact that the lack of legal basis and has dispute legitimacy,and some other questions such as flaw in the qualification of subjects,impact of conclude program,the clause are not standard and so on.Thevariou experience of foreign related administrative agreement can provided reference,especially USA,Spain,Japan. Combineing the present operation situation and existing problems, and proposes five suggestions to promote the legalization of administrative agreement between interregional governments, which would be specific analyzed in legal foundation,concluded subject, concluded program, model agreement and dispute resolution.Firstly, the administrative agreement between interregional governments should have the foundation of constitution and procedural law, and be regulated by legal principles.Then, the concluded subject have to be the authorized subject that acquires legal norm, and party organization should avoid participating in it.Next, besides the fixed model to follow, the mechanism of public participation and supervision should be implemented. And the specific text of protocol item needs to be standardized in order to guide the arrangement of intergovernmental concluded details. At last, the mechanism of dispute resolution needs to be established and rationally uses the mechanism of administration,judiciary to solve the dispute of administrative agreements.
Keywords/Search Tags:Administrative agreement of interregional government, Administrative agreement, Legalization
PDF Full Text Request
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