区域行政立法协调研究
发布时间：2019-06-18 08:57
【摘要】：区域行政立法协调是我国现行行政立法体制在受到目前区域一体化发展趋势的碰撞中提出来的,也是我国行政法学面临的一个新课题。我国目前较成熟的经济区域有长三角区域、泛珠三角区域、京津冀区域、东北地区等,实践中各个区域经济共同体都展开了各种不同形式的政府协调与合作。本文在梳理区域行政立法协调的基本概念的基础之上,分析我国区域行政立法协调的现实基础,并借鉴美国的州际协定,提出建构及完善我国区域行政立法协调机制的建议。本文包括引言,共有五个部分: 引言部分概要地介绍了我国区域行政立法协调的背景,提出问题。指出区域行政立法协调机制是为了在区域内建立一个协调统一的法制环境,将区域治理纳入法治化轨道。 第一章是对区域行政立法协调的概念界定以及目前我国区域协调现状分析。本章介绍了目前我国各区域政府展开的多种合作与协调方式,提出了实践中存在的问题,如法制方面的协调,呈现出松散的状态,尚未常规化、系统化、定型化,缺乏必要的法律基础,导致执行力缺乏,协调效果不理想。并对导致这些问题的原因进行了反思。 第二章分析了我国区域行政立法协调的理论基础与社会基础。随着新区域主义理论与区域行政的兴起,区域行政立法协调变得非常必要:一是能协调地方行政规范的横向冲突,二是可为区域一体化提供法制保障。 第三章分析美国州际协定在协调州际立法上所体现出来的协作理念和模式,它为我国提供了可资借鉴的经验:在保持既有行政区划的前提下,各地方政府可在平等协商的基础上以签订行政协议的方式达成立法协调的目的。 第四章建构我国区域行政立法协调制度。本章是对前三章提出问题的回应,在借鉴美国经验的基础上,对建构和完善我国的区域行政立法协调机制提出建议:健全行政协议制度,完善立法协调的实施机制与程序机制,建立区域行政立法协调的争端解决机制,以及相配套的其他机制如利益补偿与分享机制、地方规章清理机制、咨询评估机制。?
[Abstract]:The coordination of regional administrative legislation is put forward by the collision of the current administrative legislation system of our country by the current development trend of regional integration, and it is also a new subject faced by the administrative law of our country. At present, the more mature economic regions in China are the Yangtze River Delta region, the Pan-Pearl River Delta region, the Beijing-Tianjin-Hebei region, the Northeast region and so on. In practice, various regional economic communities have carried out various forms of government coordination and cooperation. On the basis of combing the basic concept of regional administrative legislation coordination, this paper analyzes the realistic basis of regional administrative legislation coordination in our country, and draws lessons from the interstate agreement of the United States, and puts forward some suggestions for constructing and perfecting the coordination mechanism of regional administrative legislation in our country. This paper includes an introduction, a total of five parts: the introduction briefly introduces the background of regional administrative legislation coordination in China, and puts forward problems. It is pointed out that the coordination mechanism of regional administrative legislation is to establish a coordinated and unified legal environment in the region and bring regional governance into the track of legalization. The first chapter is the definition of the concept of regional administrative legislation coordination and the current situation of regional coordination in China. This chapter introduces many kinds of cooperation and coordination methods carried out by the regional governments in our country at present, and puts forward the problems existing in practice, such as the coordination of the legal system, which is in a loose state, which is not routine, systematic, stereotyped, and lacks the necessary legal basis, which leads to the lack of executive power and the unsatisfactory coordination effect. And the causes of these problems are reflected. The second chapter analyzes the theoretical and social basis of the coordination of regional administrative legislation in China. With the rise of new regionalism theory and regional administration, the coordination of regional administrative legislation has become very necessary: one is to coordinate the horizontal conflict of local administrative norms, the other is to provide legal guarantee for regional integration. The third chapter analyzes the cooperative concept and mode embodied in the coordination of interstate legislation in the United States, which provides our country with useful experience: on the premise of maintaining the existing administrative divisions, the local governments can achieve the purpose of legislative coordination by signing administrative agreements on the basis of equal negotiation. The fourth chapter constructs the coordination system of regional administrative legislation in our country. This chapter is a response to the questions raised in the first three chapters. On the basis of drawing lessons from the experience of the United States, this chapter puts forward some suggestions on the construction and improvement of the coordination mechanism of regional administrative legislation in our country: perfecting the administrative agreement system, perfecting the implementation mechanism and procedural mechanism of legislative coordination, establishing the dispute settlement mechanism of regional administrative legislation coordination, and other supporting mechanisms, such as benefit compensation and sharing mechanism, and local regulations cleaning mechanism. Consultation and evaluation mechanism.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
本文编号：2501348
[Abstract]:The coordination of regional administrative legislation is put forward by the collision of the current administrative legislation system of our country by the current development trend of regional integration, and it is also a new subject faced by the administrative law of our country. At present, the more mature economic regions in China are the Yangtze River Delta region, the Pan-Pearl River Delta region, the Beijing-Tianjin-Hebei region, the Northeast region and so on. In practice, various regional economic communities have carried out various forms of government coordination and cooperation. On the basis of combing the basic concept of regional administrative legislation coordination, this paper analyzes the realistic basis of regional administrative legislation coordination in our country, and draws lessons from the interstate agreement of the United States, and puts forward some suggestions for constructing and perfecting the coordination mechanism of regional administrative legislation in our country. This paper includes an introduction, a total of five parts: the introduction briefly introduces the background of regional administrative legislation coordination in China, and puts forward problems. It is pointed out that the coordination mechanism of regional administrative legislation is to establish a coordinated and unified legal environment in the region and bring regional governance into the track of legalization. The first chapter is the definition of the concept of regional administrative legislation coordination and the current situation of regional coordination in China. This chapter introduces many kinds of cooperation and coordination methods carried out by the regional governments in our country at present, and puts forward the problems existing in practice, such as the coordination of the legal system, which is in a loose state, which is not routine, systematic, stereotyped, and lacks the necessary legal basis, which leads to the lack of executive power and the unsatisfactory coordination effect. And the causes of these problems are reflected. The second chapter analyzes the theoretical and social basis of the coordination of regional administrative legislation in China. With the rise of new regionalism theory and regional administration, the coordination of regional administrative legislation has become very necessary: one is to coordinate the horizontal conflict of local administrative norms, the other is to provide legal guarantee for regional integration. The third chapter analyzes the cooperative concept and mode embodied in the coordination of interstate legislation in the United States, which provides our country with useful experience: on the premise of maintaining the existing administrative divisions, the local governments can achieve the purpose of legislative coordination by signing administrative agreements on the basis of equal negotiation. The fourth chapter constructs the coordination system of regional administrative legislation in our country. This chapter is a response to the questions raised in the first three chapters. On the basis of drawing lessons from the experience of the United States, this chapter puts forward some suggestions on the construction and improvement of the coordination mechanism of regional administrative legislation in our country: perfecting the administrative agreement system, perfecting the implementation mechanism and procedural mechanism of legislative coordination, establishing the dispute settlement mechanism of regional administrative legislation coordination, and other supporting mechanisms, such as benefit compensation and sharing mechanism, and local regulations cleaning mechanism. Consultation and evaluation mechanism.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
【引证文献】
相关硕士学位论文 前1条
1 乔莉;地方立法协调研究[D];西南交通大学;2012年
，本文编号：2501348
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