名实分离:双重约束下的地方政府行为策略
发布时间：2019-07-16 18:50
【摘要】：名实分离现象长期且普遍存在于地方政府权力运行过程,这一现象是地方政府在法律软约束与经济硬约束不平衡情境下的一种行为策略。本文构建了情境-过程的分析框架,通过对组织外情境、组织内情境、行动者、行动结果四个基本要素加以分析,揭示了地方政府权力过程名实分离现象的产生机理,并通过个案研究对此进行了验证。地方政府权力过程的名实分离行为是其处理多元任务困境时,通过对组织内外情境加以理性判断后的选择。一方面,法律软约束与经济硬约束的组织外情境,促使地方政府形成"经济优先、兼顾法治"的治理逻辑;另一方面,在这种逻辑下,地方政府对组织内情境进行局部重构,使其与外部情境相协调,形成效率优先的权力运行规则。由于权力运行的正式规则存在缺陷,难以有效实现效率原则,而非正式规则因具备灵活高效等优势而彰显活力。因此,正式权力的非正式化运作现象大量存在于地方政府的权力过程,甚至超越了现有的法律规定。但法律软约束并非无约束,公然违背正式的权力运行程序有可能遭到责任追究,而名实分离的行为则因其外在形式的合法律性而被地方政府所青睐,作为规避违法风险的理性选择。尽管权力过程的名实分离有其合理性,但暗含权力非法治化的风险,进而滋生腐败、地方政府间合谋等权力异化问题,侵蚀了权力运行的合法性。
[Abstract]:The phenomenon of separation of names and facts exists for a long time and generally exists in the process of the operation of local government power, which is a behavior strategy of local governments in the context of the imbalance between legal soft constraints and economic hard constraints. In this paper, the analysis framework of situation-process is constructed, and the mechanism of the separation of names in the process of local government power is revealed by analyzing the four basic elements of the situation outside the organization, the situation within the organization, the actors and the results of action, which is verified by a case study. The separation of names and facts in the process of local government power is its choice after rationally judging the internal and external situations of the organization when dealing with the dilemma of multiple tasks. On the one hand, the out-of-organization situation of legal soft constraint and economic hard constraint promotes the local government to form the governance logic of "economic priority, taking into account the rule of law"; on the other hand, under this logic, the local government reconstructs the internal situation of the organization, makes it coordinate with the external situation, and forms the power operation rule of giving priority to efficiency. Due to the defects of the formal rules of power operation, it is difficult to effectively realize the principle of efficiency, while the informal rules show vitality because of their advantages of flexibility and efficiency. Therefore, the informal operation of formal power exists in the process of local government power, and even goes beyond the existing legal provisions. However, the soft restriction of law is not unconstrained, and the blatant violation of the formal power operation procedure may be investigated, while the behavior of separation of names and facts is favored by the local government because of the legal nature of its external form, as a rational choice to avoid the illegal risk. Although the separation of names and facts in the process of power has its rationality, it implies the risk of illegal governance of power, and then breeds corruption, collusion between local governments and other issues of power alienation, which erodes the legitimacy of power operation.
【作者单位】： 浙江大学公共管理学院;浙江工商大学公共管理学院;
【基金】：浙江大学“大数据+政府治理”研究成果之一 中央高校基本科研业务费专项资金资助项目(2017XZA202)的研究成果
【分类号】：D630
，
本文编号：2515205
[Abstract]:The phenomenon of separation of names and facts exists for a long time and generally exists in the process of the operation of local government power, which is a behavior strategy of local governments in the context of the imbalance between legal soft constraints and economic hard constraints. In this paper, the analysis framework of situation-process is constructed, and the mechanism of the separation of names in the process of local government power is revealed by analyzing the four basic elements of the situation outside the organization, the situation within the organization, the actors and the results of action, which is verified by a case study. The separation of names and facts in the process of local government power is its choice after rationally judging the internal and external situations of the organization when dealing with the dilemma of multiple tasks. On the one hand, the out-of-organization situation of legal soft constraint and economic hard constraint promotes the local government to form the governance logic of "economic priority, taking into account the rule of law"; on the other hand, under this logic, the local government reconstructs the internal situation of the organization, makes it coordinate with the external situation, and forms the power operation rule of giving priority to efficiency. Due to the defects of the formal rules of power operation, it is difficult to effectively realize the principle of efficiency, while the informal rules show vitality because of their advantages of flexibility and efficiency. Therefore, the informal operation of formal power exists in the process of local government power, and even goes beyond the existing legal provisions. However, the soft restriction of law is not unconstrained, and the blatant violation of the formal power operation procedure may be investigated, while the behavior of separation of names and facts is favored by the local government because of the legal nature of its external form, as a rational choice to avoid the illegal risk. Although the separation of names and facts in the process of power has its rationality, it implies the risk of illegal governance of power, and then breeds corruption, collusion between local governments and other issues of power alienation, which erodes the legitimacy of power operation.
【作者单位】： 浙江大学公共管理学院;浙江工商大学公共管理学院;
【基金】：浙江大学“大数据+政府治理”研究成果之一 中央高校基本科研业务费专项资金资助项目(2017XZA202)的研究成果
【分类号】：D630
，
本文编号：2515205
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