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当前,随着区域经济的不断发展,区域性行政合作不断增加,其表现之一就是大量的区域性行政协议如雨后春笋般涌现。这类行政协议不同于传统认识中的行政合同,具有参与者均为行政主体、各缔约方地位具有对等性等特点。在实际运行过程中,区域性行政协议从制度和效力两个方面都体现出浓厚的类软法性,这也为区域性行政协议的实现造成了诸多困难。然而,这只是一种客观的、暂时的、阶段性存在,通过统一立法实现“硬法化”才是区域性行政协议的最终归宿。
At present, with the continuous development of regional economy and the continuous increase of regional administrative cooperation, one of the manifestations of this is that a large number of regional administrative agreements have sprung up. This kind of administrative agreement is different from the administrative contract in the traditional cognition. It has such characteristics as the participant is the administrative subject and the status of each contracting party is reciprocal. In the process of actual operation, the regional administrative agreement reflects the strong category softness both in terms of system and effectiveness, which also creates many difficulties for the realization of the regional administrative agreement. However, this is only an objective, temporary and phased existence. It is the ultimate destination of the regional administrative agreement that the “unification of laws and regulations” should be realized through unified legislation.