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中国区域合作中地方利益协调机制研究

ISBN:978-7-5161-9787-5

出版日期:2017-06

页数:201

字数:208.0千字

丛书名:《文化多样性与地方治理丛书》

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基金信息: ◆国家社科基金项目:自治州行政体制改革研究(13BMZ014);◆湖北民族学院民族社会发展学科群研究成果,武陵山民族文化与旅游产业发展湖北省协同创新中心资助出版 展开
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With the mode of economic growth changed and more attention paid by the government to regional cooperation,various kinds of cooperative regions are booming beyond the original administrative boundaries.The interest coordination mechanism under the traditional concept of rule of law and on the basis of administrative regions is unable to adjust the disputes arise from across-administrative regions.Under the view of governing the country by the Constitution,the problems which are faced with in the process of regional cooperation includes constructing the theoretical basis of legal system of cooperative regions,completing the rules of legal system of cooperative regions and establishing the organizations for regional interest coordination.The theoretical basis,rule systems and cooperative organizations will be discussed in this thesis.Longshan and Laifeng County in Wuling Mountain which is one of the demonstration areas of economic cooperation in China will be an example for exploring the present experience and future path of the regional cooperation.

Firstly,the mode of regions and conflicts of local interests have been discussed in the thesis.The conflicts between economic regions and administrative regions are the premise of regional cooperation.And two goals are involved in regional development.One is the development of the regional economy,establishment of free market and optimization of resource allocation.The other is cooperative governance of public affairs and solving the public affairs more efficiently.Local interest is a group concept and the local government always acts as the representative of the local interest.As to the cause of the local interest,there are both subjective and objective factors involved.The local governments of cooperative region have failed to get rid of the influence of the governance mode of traditional administrative regions,which is the objective factor giving rise to conflicts of local interests.And the subjective factors include the level of economical development,historical and cultural tradition,physical and geographical environment etc.Regional administrative planning,regional administrative guidance,regional administrative agreement and regional cooperative legislation constitute the main rule systems of regional cooperation.The constitutionality and legality of the measures by which the organizations integrated in the process of regional cooperation should be discussed and some of them have broken through the present legal framework.

Secondly,theoretic basis of the local interests' coordination mechanism has been discussed in the thesis.The common premise of state structure and central-local relations which stipulated by the Constitution should be followed by both the integrated and other regions.Absolutely the integrated and other regions are much different according to the goals,functions and characters of them.The people's congress should be the place where interests of all parties in the integrated region are negotiated and allocated and the process of cooperation is supervised according to the principle of people's sovereignty.The principle of the division and restriction of power has been divided into two aspects.One is the horizontal division of power which is between the government and the people's congress.And the other is the vertical division of power which is between the central and local governments.The principle of basic human rights have included scarcity of sources and the limits of the protection of human rights,change of ownership and the protection of private property,establishment of free market and the protection of human rights,formulation of public policy and the participation rights of citizen etc.The principle of rule of law means that the constitution is the fundamental standard to judge whether the legal system of the cooperative region is good or not.In particular,the order of cooperation should be constructed not only by the law and force of the state but also by the self-ordered rules in the society.The principle of local interest coordination includes two aspects.One is the principle of regulating the behavior of local government's governance,which involving reasonable boundary between the power of the government and free market.The other is the principle of equality,negociation and responsibility.

Thirdly,the system of rules for the local interests' coordination has been discussed in the thesis.First of all,the basis and character of the regional planning will be analyzed.Formulation of the regional planning is unnecessarily under the special entitlement in law according to the principle of legal reservation.As to the character of the regional planning,whether it belongs to the abstract administrative act or specific administrative act depends on concrete conditions.As an abstract administrative act,the regional planning plays an important role in the administrative system,which has been put into practice owing to the relationship among the upper and lower authorities.As a specific administrative act,the process of formulation of the regional planning should follow the principle of legal reservation and the process of implementation should abide by the principle of administration by law.Moreover,regional administration agreement can be explained not only by the character of public contract but also the character of administrative rule.But the public contract and administrative rule are much different in the legal basis,effect and remedy mechanism.Resolutions to disputes should be written clearly in the administrative agreement in order to resolve the disputes during the performance of the agreement.The verdict of the upper government could be applied if the lower governments cannot reach the consensus according to the approval procedure of normative documents.Finally,cooperative legislation includes cooperative administrative rules between local governments,local legislations between the people's congress and its executive committee and cooperative special regulations in the minority autonomous areas. Nowadays cooperative legislation in the cooperative region in China is synchronous legislation.As to the legislative subject,it has been the local government or people's congress.As to the forms of legislation,it has been the form of administrative rules or local legislations.As to the legislative procedure,it has been the legislative procedure followed by the joint conference.As to the range of application,it has been the local areas of each party in cooperative region.

Furthermore,the organizational system of regional cooperation has been discussed in the thesis.If the administrative region and the economic region overlap in some way,organization of the administrative region can deal with the conflict of local interest.But if they do not overlap,the problem will be more complicated.The cooperative organizations are always composed by the local administrative,legislative and judicial sections.There are some formal cooperative agencies,such as the management committee.And there are some informal cooperative agencies,such as the joint conference.According to the foreign experiences,the standard of judicial review of European Court of Justice and the experience of cooperative legislation of European Union can be used as reference in China.The procedure of litigation,arbitration and mediation to the disputes of interstate compact can be used as reference in China though cross-regional institutes are beyond the Chinese constitution and other laws.As a unitary state,the central government of France plays positive role in the regional cooperation.Mechanism of behavior should take the place of the structure of organization so that the predicament of legality can be avoided in the future.

Finally,the cooperative mechanism of Longfeng demonstration area of economic cooperation in Wuling Mountain has been discussed.Longfeng demonstration area is a minority economic cooperative region and national poverty alleviation and development region.And the government plays important role in the process of allocation of resource as a visible hand because of the imperfect market system.As a minority autonomous area,both the adjustment of the administrative division and performance of the power of legislation should follow special procedures.The two parties of cooperation are so similar that they often fight for their own interests and sometime cooperative measures are even beyond the system of regional ethnic autonomy.As to the cooperative mechanism,both the mechanism of interest coordination of upper government and the mechanism of Longfeng demonstration area which includes the county,town and village are involved.This thesis suggests that Longfeng demonstration area should not depend on the administrative authority excessively and the reasons are as follows.First of all,it's very difficult to change the administrative boundary. Secondly,the right of autonomy will be weakened if Longfeng demonstration area is governed by the provincial government.Thirdly,it is contrary to the goal of regional cooperation if depend on the central government excessively.In the end,the crucial power of regional cooperation comes from the cooperative region itself.There are still some informal cooperative mechanism among the villages which are important for perfecting the cooperative mechanism and exploring the way of positive interaction between the folk law and the national law.Cultivating the mechanism of market,regulating the behavior of the local government and applicating the right of autonomy properly would contribute to the implement of the cooperative mechanism.The process of formulating the Act of Protection of Youshui River has revealed not only successful experience for legislative cooperation but also the problems confronted in the future.

Key words:Region;Cooperation;Rules;Organizations;Constitutional Framework

With the mode of economic growth changed and more attention paid by the government to regional cooperation,various kinds of cooperative regions are booming beyond the original administrative boundaries. The interest coordination mechanism under the traditional concept of rule of law and on the basis of administrative regions is unable to adjust the disputes arise from across-administrative regions. Under the view of governing the country by the Constitution,the problems which are faced with in the process of regional cooperation includes constructing the theoretical basis of legal system of cooperative regions,completing the rules of legal system of cooperative regions and establishing the organizations for regional interest coordination. The theoretical basis,rule systems and cooperative organizations will be discussed in this thesis. Longshan and Laifeng County in Wuling Mountain which is one of the demonstration areas of economic cooperation in China will be an example for exploring the present experience and future path of the regional cooperation. Firstly,the mode of regions and conflicts of local interests have been discussed in the thesis. The conflicts between economic regions and administrative regions are the premise of regional cooperation. And two goals are involved in regional development. One is the development of the regional economy,establishment of free market and optimization of resource allocation. The other is cooperative governance of public affairs and solving the public affairs more efficiently. Local interest is a group concept and the local government always acts as the representative of the local interest. As to the cause of the local interest,there are both subjective and objective factors involved. The local governments of cooperative region have failed to get rid of the influence of the governance mode of traditional administrative regions,which is the objective factor giving rise to conflicts of local interests. And the subjective factors include the level of economical development,historical and cultural tradition,physical and geographical environment etc. Regional administrative planning,regional administrative guidance,regional administrative agreement and regional cooperative legislation constitute the main rule systems of regional cooperation. The constitutionality and legality of the measures by which the organizations integrated in the process of regional cooperation should be discussed and some of them have broken through the present legal framework. Secondly,theoretic basis of the local interests' coordination mechanism has been discussed in the thesis. The common premise of state structure and central-local relations which stipulated by the Constitution should be followed by both the integrated and other regions. Absolutely the integrated and other regions are much different according to the goals,functions and characters of them. The people's congress should be the place where interests of all parties in the integrated region are negotiated and allocated and the process of cooperation is supervised according to the principle of people's sovereignty. The principle of the division and restriction of power has been divided into two aspects. One is the horizontal division of power which is between the government and the people's congress. And the other is the vertical division of power which is between the central and local governments. The principle of basic human rights have included scarcity of sources and the limits of the protection of human rights,change of ownership and the protection of private property,establishment of free market and the protection of human rights,formulation of public policy and the participation rights of citizen etc. The principle of rule of law means that the constitution is the fundamental standard to judge whether the legal system of the cooperative region is good or not. In particular,the order of cooperation should be constructed not only by the law and force of the state but also by the self-ordered rules in the society. The principle of local interest coordination includes two aspects. One is the principle of regulating the behavior of local government's governance,which involving reasonable boundary between the power of the government and free market. The other is the principle of equality,negociation and responsibility. Thirdly,the system of rules for the local interests' coordination has been discussed in the thesis. First of all,the basis and character of the regional planning will be analyzed. Formulation of the regional planning is unnecessarily under the special entitlement in law according to the principle of legal reservation. As to the character of the regional planning,whether it belongs to the abstract administrative act or specific administrative act depends on concrete conditions. As an abstract administrative act,the regional planning plays an important role in the administrative system,which has been put into practice owing to the relationship among the upper and lower authorities. As a specific administrative act,the process of formulation of the regional planning should follow the principle of legal reservation and the process of implementation should abide by the principle of administration by law. Moreover,regional administration agreement can be explained not only by the character of public contract but also the character of administrative rule. But the public contract and administrative rule are much different in the legal basis,effect and remedy mechanism. Resolutions to disputes should be written clearly in the administrative agreement in order to resolve the disputes during the performance of the agreement. The verdict of the upper government could be applied if the lower governments cannot reach the consensus according to the approval procedure of normative documents. Finally,cooperative legislation includes cooperative administrative rules between local governments,local legislations between the people's congress and its executive committee and cooperative special regulations in the minority autonomous areas. Nowadays cooperative legislation in the cooperative region in China is synchronous legislation. As to the legislative subject,it has been the local government or people's congress. As to the forms of legislation,it has been the form of administrative rules or local legislations. As to the legislative procedure,it has been the legislative procedure followed by the joint conference. As to the range of application,it has been the local areas of each party in cooperative region. Furthermore,the organizational system of regional cooperation has been discussed in the thesis. If the administrative region and the economic region overlap in some way,organization of the administrative region can deal with the conflict of local interest. But if they do not overlap,the problem will be more complicated. The cooperative organizations are always composed by the local administrative,legislative and judicial sections. There are some formal cooperative agencies,such as the management committee. And there are some informal cooperative agencies,such as the joint conference. According to the foreign experiences,the standard of judicial review of European Court of Justice and the experience of cooperative legislation of European Union can be used as reference in China.The procedure of litigation,arbitration and mediation to the disputes of interstate compact can be used as reference in China though cross-regional institutes are beyond the Chinese constitution and other laws. As a unitary state,the central government of France plays positive role in the regional cooperation. Mechanism of behavior should take the place of the structure of organization so that the predicament of legality can be avoided in the future. Finally,the cooperative mechanism of Longfeng demonstration area of economic cooperation in Wuling Mountain has been discussed. Longfeng demonstration area is a minority economic cooperative region and national poverty alleviation and development region. And the government plays important role in the process of allocation of resource as a visible hand because of the imperfect market system. As a minority autonomous area,both the adjustment of the administrative division and performance of the power of legislation should follow special procedures. The two parties of cooperation are so similar that they often fight for their own interests and sometime cooperative measures are even beyond the system of regional ethnic autonomy. As to the cooperative mechanism,both the mechanism of interest coordination of upper government and the mechanism of Longfeng demonstration area which includes the county,town and village are involved. This thesis suggests that Longfeng demonstration area should not depend on the administrative authority excessively and the reasons are as follows. First of all,it's very difficult to change the administrative boundary. Secondly,the right of autonomy will be weakened if Longfeng demonstration area is governed by the provincial government. Thirdly,it is contrary to the goal of regional cooperation if depend on the central government excessively. In the end,the crucial power of regional cooperation comes from the cooperative region itself. There are still some informal cooperative mechanism among the villages which are important for perfecting the cooperative mechanism and exploring the way of positive interaction between the folk law and the national law. Cultivating the mechanism of market,regulating the behavior of the local government and applicating the right of autonomy properly would contribute to the implement of the cooperative mechanism. The process of formulating the Act of Protection of Youshui River has revealed not only successful experience for legislative cooperation but also the problems confronted in the future. Key words:Region; Cooperation; Rules; Organizations; Constitutional Framework(AI翻译)

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GB/T 7714-2015 格式引文
冉艳辉,郑洲蓉.中国区域合作中地方利益协调机制研究[M].北京:中国社会科学出版社,2017
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MLA 格式引文
冉艳辉,郑洲蓉.中国区域合作中地方利益协调机制研究.北京,中国社会科学出版社:2017E-book.
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APA 格式引文
冉艳辉和郑洲蓉(2017).中国区域合作中地方利益协调机制研究.北京:中国社会科学出版社
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