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在地狭人稠的台湾,有关大众运输、环境保护、水资源、河川管理等跨域治理的议题,正显现其重要性与急迫性。整合跨域治理与行政法的理论,以“北基垃圾处理合作案”为例,分析行政契约作为跨域合作的基础,分析其所涉及的相关法制问题,例如契约之合致、订约过程(成立要件)、契约应有之内容、契约之进展(如情势变更、政策变迁等)、履约责任、强制执行、救济方法等,希望能建构行政契约在跨域治理的应用模式,以为未来各级政府间在跨域事务中的合作提供法制经验。
In the densely populated Taiwan, the issue of cross-border governance such as mass transportation, environmental protection, water resources and river management is showing its importance and urgency. Integration of cross-border governance and administrative law theory, “North-based garbage disposal cooperation case” as an example, analysis of the administrative contract as the basis for cross-border cooperation, analysis of the relevant legal issues involved, such as co-contract, contract Process (elements of establishment), contents of contract, progress of contract (such as situation changes, policy changes, etc.), performance obligations, enforcement, remedies, etc., hoping to build an application mode of administrative contract in cross-border governance, At all levels of government cooperation in cross-border affairs to provide legal experience.