Study On Dispute Resolution Mechanism Of Administrative Cooperation Agreement Between Local Governments ——Take The Pearl River-Xijiang Economic Belt As An Exampley

Administrative cooperation agreement is an important legal mechanism for local governments to implement the national regional coordinated development strategy.The legalization,institutionalization,standardization and effectiveness of this mechanism directly restrict the functioning of the administrative cooperation agreement,and further affect the governance effect of the administrative cooperation affairs.By examining the state of local government administrative cooperation agreements in practice and analyzing the existing problems,it is found that there are still generalization of contracting subjects,fictitious contracting procedures,insufficient implementation of agreements,difficult to resolve disputes over contract performance,and ambiguous legal status of third parties.And third-party disputes are difficult to resolve,the end of these problem is the establishment of a dispute resolution mechanism.At the same time,the administrative cooperation agreement between local governments is an important horizontal cooperation mechanism between local governments,and the full performance of the agreement is the fundamental purpose of its conclusion,and the establishment of a dispute resolution mechanism is the fundamental guarantee for the full implementation of the agreement.The research analyzes and explores from four dimensions: reconstruction of its conceptual scope,inspection of practice patterns,experience in horizontal cooperation dispute resolution among extraterritorial local governments,and legal thinking.It starts with the definition of the concept of administrative cooperation agreement between local governments and sorts out existing theories to further clarify the definition and define a clear conceptual scope of the cooperation agreement between local governments by examining its practice.On the basis of clarifying its definition,combined with the investigation of the experience of horizontal cooperation among extraterritorial local governments,such as the Intercontinental Agreement in the United States,the Spanish local cooperation and the “ Administrative Procedure Law”,Japan’s local self-government and wide-area administration,etc.Research on the practice mode and existing problem of dispute resolution mechanism.The research is divided into internal disputes between contracting parties and third-party related disputes beyond the relativity of the agreement based on the site of dispute occurrence,and puts forward some thoughts on the legalization of the dispute resolution mechanism of administrative cooperation agreement between local governments in my country.On this basis,four suggestions are put forward for the internal disputes of administrative organs: to build a diversified resolution mechanism,to have a desirable resolution mechanism,to resolve disputes within the administrative system,and to clarify the form of responsibility.Three suggestions are put forward: clarifying the infringement of the rights of the third party in the cooperation agreement between local governments as an administrative reconsideration matter,gradually clarifying the third party disputes in the cooperation agreement between local governments as the scope of administrative litigation,and building a diversified third party.At the same time,this study redesigns the liability clause resolution mechanism on the basis of previous research;designs the introduction of a model text mechanism;and puts forward two suggestions on whether to introduce a judicial relief mechanism: reasonably introduce judicial paths on the basis of distinguishing the types of disputes.Adhere to the judicial relief mechanism as the final plan for third party rights relief.By putting forward the above five suggestions,I hope to clarify the vague understanding of the academic circle on the administrative cooperation agreement between local governments,and to provide suggestions for building a complete dispute resolution mechanism,to promote the resolution of disputes between the administrative cooperation agreements between local governments,and to improve the implementation effect of the agreement as well as the effectiveness of cooperative governance in public affairs.