论社会舆情治理的法理基础和实施路径
发布时间：2018-08-31 09:17
【摘要】：当前,信息环境、传播环境、舆论环境日益复杂,突发事件更加频繁,舆论形态更加多元,舆情回应需要重视,民众知情权、参与权、表达权、监督权等权益也亟需保障,舆情治理面临全新的挑战,社会舆情依法治理成为时代的重要课题。在坚定不移推进全面依法治国进程中,只有明晰"舆情为什么需要治理""谁是治理主体""应遵循什么治理原则和法律程序"等基本问题,才能探索解决社会舆情治理过程中面临的法律思维缺失、预警机制虚置、正面引导不力等关键问题,这不仅是执政合法性的内在需求,也是社会秩序维护的迫切要求,还是言论自由保护的实现路径。社会舆情治理的前提是权利的相对性,目的是国家行使公权力保障私权利,本质是利益间的衡量取舍,这决定了社会舆情治理的核心主体是代表国家行使最高公权力的组织体——政府,也决定了政府在社会舆情治理中应以"尊重和保障权利"为目的和宗旨,坚持"权利义务相统一""职权职责相对应""禁止权利(力)滥用"和"法律成长"的原则,遵循"受理‘权利束表达’、动员社会力量开展‘协商式民意调查’、做出‘新闻发言人+法律顾问’的专业回应、与时俱进完善制度"的实施路径,实现依法治理。
[Abstract]:At present, the information environment, the communication environment and the public opinion environment are becoming increasingly complex, emergencies are more frequent, public opinion forms are more diversified, the public opinion response needs attention, the people's right to know, the right to participate, the right to express, the right to supervise, and other rights and interests are also in urgent need of protection. Public opinion governance faces new challenges, social public opinion governance by law has become an important topic of the times. In the course of unswervingly advancing the process of governing the country according to law in an all-round way, only the basic issues such as "why public opinion needs to be governed", "who is the main body of governance", "what principles and legal procedures of governance should be followed", It is not only the inherent demand of ruling legitimacy, but also the urgent requirement of maintaining social order that we can explore and solve the key problems, such as the lack of legal thinking, the empty early warning mechanism, the weak positive guidance and so on, which are faced with in the process of the governance of social public opinion. It is also the way to realize the protection of freedom of speech. The premise of the governance of social public opinion is the relativity of rights, the purpose of which is that the state exercises public power to protect private rights. This determines that the core subject of the governance of social public opinion is the government, the organization that represents the highest public power of the country, and that the government should have the aim and purpose of "respecting and safeguarding rights" in the governance of social public opinion. Adhering to the principles of "unifying rights and obligations," corresponding functions and duties, "prohibiting abuse of rights (force)" and "legal growth," following the principle of "accepting the expression of 'rights', mobilizing social forces to carry out 'consultative public opinion surveys,'" Make the professional response of spokesman legal adviser, advance with the times and perfect the system "implementation path, realize the governance according to law."
【作者单位】： 北京师范大学中国社会管理研究院/社会学院;
【基金】：教育部哲学社会科学研究重大课题攻关项目“重大突发事件社会舆情演化规律及应对策略研究”(15JZD027) 中国行政体制改革研究会基金项目“十八大以来社会治理理论创新与实践研究”
【分类号】：D922.16
本文编号：2214561
[Abstract]:At present, the information environment, the communication environment and the public opinion environment are becoming increasingly complex, emergencies are more frequent, public opinion forms are more diversified, the public opinion response needs attention, the people's right to know, the right to participate, the right to express, the right to supervise, and other rights and interests are also in urgent need of protection. Public opinion governance faces new challenges, social public opinion governance by law has become an important topic of the times. In the course of unswervingly advancing the process of governing the country according to law in an all-round way, only the basic issues such as "why public opinion needs to be governed", "who is the main body of governance", "what principles and legal procedures of governance should be followed", It is not only the inherent demand of ruling legitimacy, but also the urgent requirement of maintaining social order that we can explore and solve the key problems, such as the lack of legal thinking, the empty early warning mechanism, the weak positive guidance and so on, which are faced with in the process of the governance of social public opinion. It is also the way to realize the protection of freedom of speech. The premise of the governance of social public opinion is the relativity of rights, the purpose of which is that the state exercises public power to protect private rights. This determines that the core subject of the governance of social public opinion is the government, the organization that represents the highest public power of the country, and that the government should have the aim and purpose of "respecting and safeguarding rights" in the governance of social public opinion. Adhering to the principles of "unifying rights and obligations," corresponding functions and duties, "prohibiting abuse of rights (force)" and "legal growth," following the principle of "accepting the expression of 'rights', mobilizing social forces to carry out 'consultative public opinion surveys,'" Make the professional response of spokesman legal adviser, advance with the times and perfect the system "implementation path, realize the governance according to law."
【作者单位】： 北京师范大学中国社会管理研究院/社会学院;
【基金】：教育部哲学社会科学研究重大课题攻关项目“重大突发事件社会舆情演化规律及应对策略研究”(15JZD027) 中国行政体制改革研究会基金项目“十八大以来社会治理理论创新与实践研究”
【分类号】：D922.16
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，本文编号：2214561
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