On The Legal Effect Of Interregional Administrative Agreement

How to make full use of interregional administrative agreements to promote the integration of Hong Kong and Macao into the overall situation of national development is the difficulty of the rule of law in China's interregional cooperation.From whether the interregional administrative agreement has legal effect,to the distinction between what it is and what it should be,to the entanglement of the two,it is the focus of controversy.The dispute is based on the basic theoretical presupposition of “the interregional administrative agreement does not have legal effect,but it has been implemented for many years”,thus expounding the interregional administrative agreement,which is undoubtedly one-sided.We should analyze the connotation and nature of the legal effect of the interregional administrative agreement,the present situation of its implementation,the situation and mode of determining the legal effect,the measures given by the central government to its legal effect,the treatment of relevant experience abroad,and the difference and connection between what it is and what it should be.Then from the legal theory and the relevance of the connotation of the legal effect of interregional administrative acts and other dimensions to prove that the interregional administrative agreement has legal effect in order to determine the division and stop the dispute.At present,the legal effect of the interregional administrative agreement is not clearly stipulated in the Constitution,the basic Law of Hong Kong and Macao and other national laws,but in fact,the interregional cooperation operates in accordance with the agreement,which leads to the contradiction between the legal effect and the implementation of the agreement.In this regard,we can explore the legitimate basis of the legal effect of the interregional administrative agreement in terms of the connotation and legal principle of the legal effect,so as to lay a theoretical foundation for the agreement.First of all,sort out the evolution of the interregional administrative agreement in the legal principle,and the representation and shallowness of the general theory.Secondly,with the help of “administrative act effectiveness theory”,it modifies and interprets the “negative theory” of the legal effect of interregional administrative agreement,corrects the one-sidedness of this theory,criticizes the “negative theory” and the shallow nature,and puts forward the defect of“negative theory” and its entanglement with “the origin of law” and “the form of law”.Thirdly,it combs the practice and theoretical context of the extraterritorial interregional administrative agreement,and expounds the actual function and follow-up function of its legal effect.At the same time,it draws lessons from the foreign experience according to the national conditions,and then reveals the connotation,jurisprudential basis and legitimacy of the legal effect of the interregional administrative agreement,and responds to the actual functions and outstanding problems in its actual and should-be state.Finally,by putting forward the theoretical construction and countermeasures that the interregional administrative agreement has legal effect,and by improving the top-level design and supporting mechanism of the interregional administrative agreement,we can provide theoretical support and legal wisdom for interregional cooperation,building the Greater Bay area and accomplishing the great rejuvenation of the nation,promoting the integration of Hong Kong and Macao into the overall situation of national development.