合作国家——对国家与经济关系的考察
发布时间：2018-08-15 16:16
【摘要】：在现代规划国家下,高度发展的社会分工和不断加剧的利益多元,已使国家与社会呈现交互影响的复杂过程。据此,基于传统干预国家而发展出的处理国家与社会关系的单边原则也应由双边或是合作原则所替代。合作原则首先可以理解为对国家与经济之间的相互影响、共同设定目标、共同致力于目标实现的协作过程的事实确认;其次也能够理解为一种形成性原则,从这一原则出发,会衍生出许多与规划国家相符的新的行为方式和法律制度。最后,在合作概念的背后还隐藏了国家与社会的规范模式,这种模式又为新的经济宪法提供了基本指导。在合作原则之下,传统国家演变为社会和经济权力的承担者共同服务于公共目标,公共任务得以合作完成的合作国家,而社会同样演变为社会成员逐渐摆脱了利己主义的竞争原则,对公共福祉负有协作义务,对共同体承担责任的合作化的多元主义社会。合作化的多元主义社会和合作国家并未改变社会与国家之间不混同和不同一原则,而是对国家与社会之间互相渗透、交错影响这一综合过程的全新描述。国家与社会的合作同样对宪法学理提出重大挑战,宪法学理必须接受现实发展,并在国家目标条款中对之予以体系化建构。
[Abstract]:In modern planning countries, the highly developed social division of labor and the increasing diversity of interests have led to a complex process of interaction between the state and society. In order to confirm the facts of the collaborative process of setting goals and working together to achieve the goals, the interaction between the state and the economy can be understood as a formative principle, from which many new ways of behavior and legal systems consistent with the planned state can be derived. Under the cooperative principle, the traditional state has evolved into a cooperative state in which the social and economic power bearers serve the public goals together, the public tasks can be accomplished cooperatively, and the society has also evolved into a cooperative state in which the members of the society gradually get rid of it. The principle of self-interest in competition is a cooperative pluralistic society with a duty to cooperate in public welfare and a responsibility to the community. The cooperative pluralistic society and cooperative states have not changed the principle of indistinctness and difference between society and state, but have infiltrated each other between state and society, interlacing and affecting this comprehensive process. The cooperation between the state and society also poses a major challenge to the constitutional doctrine, which must accept realistic development and be systematically constructed in the terms of national objectives.
【作者单位】： 德国哥廷根大学;中国政法大学比较法学研究院中德法学所;
【基金】：译者承担的国家社科基金一般项目“合作行政与行政民营化问题研究”(项目号14BFX035)的阶段性研究成果
【分类号】：D035
，
本文编号：2184740
[Abstract]:In modern planning countries, the highly developed social division of labor and the increasing diversity of interests have led to a complex process of interaction between the state and society. In order to confirm the facts of the collaborative process of setting goals and working together to achieve the goals, the interaction between the state and the economy can be understood as a formative principle, from which many new ways of behavior and legal systems consistent with the planned state can be derived. Under the cooperative principle, the traditional state has evolved into a cooperative state in which the social and economic power bearers serve the public goals together, the public tasks can be accomplished cooperatively, and the society has also evolved into a cooperative state in which the members of the society gradually get rid of it. The principle of self-interest in competition is a cooperative pluralistic society with a duty to cooperate in public welfare and a responsibility to the community. The cooperative pluralistic society and cooperative states have not changed the principle of indistinctness and difference between society and state, but have infiltrated each other between state and society, interlacing and affecting this comprehensive process. The cooperation between the state and society also poses a major challenge to the constitutional doctrine, which must accept realistic development and be systematically constructed in the terms of national objectives.
【作者单位】： 德国哥廷根大学;中国政法大学比较法学研究院中德法学所;
【基金】：译者承担的国家社科基金一般项目“合作行政与行政民营化问题研究”(项目号14BFX035)的阶段性研究成果
【分类号】：D035
，
本文编号：2184740
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