京津冀行政协议争端解决机制的基础理论研究

The Basic Theoretical Study of Dispute Settlement Mechanisms for the Administrative Agreement in Beijing-Tianjin-Hebei

京津冀行政协议作为践行新区域主义治理理念的有效方式,成为区域一体化进程中不可或缺的新模式,其发展态势之迅猛始料未及,由于主体间的利益冲突使得争端不可避免。然而,在实践中,京津冀行政协议争端解决机制尚未建立。事实证明,京津冀行政协议争端解决机制是现实之急需,具有其正当性;同时,也具有法理基础,契约理论、公法性理论、法治理论是其当然的理论基石。在构建京津冀行政协议争端解决机制的过程中,应遵循合法性、约定优先、穷尽行政救济等法律原则。

As an effective way to fulfill the governance theory of new regionalism, the administrative agreement in Beijing-Tianjin-Hebei has become a new indispensable mode contributing to the regional integration process. Its developing trend is unexpectedly rapid due to the inevitable disputes caused by conflicts of interest among different subjects. However, in practice, the dispute settlement mechanisms for the administrative agreement in Beijing-Tianjin-Hebei have not been established. Facts have proved that the dispute settlement mechanisms for the administrative agreement in Beijing-Tianjin-Hebei are urgently needed and have the validity in reality. At the same time, dispute settlement mechanisms have the legal basis with the theories of contract, public law and the rule of law as theoretical cornerstones. Moreover, legal principles such as legality, convention priority and exhaustion of administrative remedies should be obeyed in the process of establishing dispute settlement mechanisms for administrative agreements in Beijing-Tianjin-Hebei.