摘要: 在应然层面,区域合作协议对缔约主体具有拘束力。这种拘束力源于政府的诚实信用原则,其实定法依据是宪法上的“法治国家”条款、单行法条款和判例。区域合作协议也具有对缔约主体实现拘束的可能性,即被适用或被实施的可能性。实现拘束的机制是组织法机制和基于组织法的责任追究机制,动力在于公众的推动。涉及公众权利义务的区域合作协议,经立法程序或有利害关系的公众同意,对公众具有直接规制力。区域合作协议经组织机构实施,或通过行为法机制,对公众具有间接规制力。
关键词:
区域合作协议,
行政协议,
拘束力,
实效,
规制力
Abstract: A regional cooperative agreement ought to have binding forces to contracting parties. The forces come from the principle of good faith which govemments must obey. The positive law basis for govemments, insistence on good faith includes the legal state provision in Constitution, articles in specific laws and precedents.A regional cooperative agreement also has its “ efficacy” , which means the possibility of being applied or implemented. Efficacy originales from the mechanisms of organic laws and responsibility based on organic laws, which are driven by the public. Regional cooperative agreements involving people's rights and obligations,if approved by the legislature procedures or consented by the interested public, would have a direct force of regulation. If implemented by specific organizations or through the mechanism of behavior laws, they would have an indirect force of regulation.
Key words:
Regional Cooperative Agreement,
Administrative Agreement,
Binding Force,
Efficacy,
Force of Regulation
叶必丰. 区域合作协议的法律效力[J]. 法学家, 2014(6): 1-11.
YE Bi-Feng. Legal Effect of a Regional cooperative Agreement[J]. , 2014(6): 1-11.