市场领域的三权制约与平衡机制——徐玉玉事件引发的一种国家风险治理模式探讨
发布时间：2019-08-08 12:47
【摘要】：党的十八届三中全会通过《中共中央关于全面深化改革若干重大问题的决定》以来,有关国家治理能力现代化和社会治理,已经形成了一些富有启发性的研究文献。但在具体的"风险"治理与预防领域,结合案例展开的研究并不多。国家在强调"使市场在资源配置中起决定性作用"的同时,对"使市场在风险平衡中起决定性作用"似有忽视。从徐玉玉事件出发,结合中国和美国一些经验展开的案例分析表明,市场领域完全可以建构一种"三权制约与平衡"的机制,它通过当事者三方权责利的安排和交易形式的时空规定构造了一个新局势,使原本可能是相对弱势的谈判者在这一新局势中获得了较高的博弈地位,从而平衡和制约了大量风险人为滋生的可能。当然,这一机制的良好运转,需要在更高层次上实现"政府任责、市场分责、社会共责"方有可能稳定下来。
[Abstract]:Since the third Plenary session of the 18th CPC Central Committee adopted the decision of the CPC Central Committee on deepening Reform in an all-round way, some enlightening research documents have been formed on the modernization of state governance ability and social governance. However, in the specific field of risk management and prevention, there are not many studies combined with cases. While emphasizing "making the market play a decisive role in the allocation of resources", the state seems to ignore "making the market play a decisive role in the risk balance". Starting from the Xu Yuyu incident and combining with some experiences of China and the United States, the case analysis shows that a mechanism of "restriction and balance of three rights" can be constructed in the market field. It constructs a new situation through the arrangement of the tripartite rights and interests of the parties and the space-time provisions of the transaction form, so that the negotiators who may otherwise be relatively weak have gained a higher game position in this new situation. Thus balancing and restricting the possibility of artificial breeding of a large number of risks. Of course, the good operation of this mechanism needs to achieve "government responsibility, market responsibility, social co-responsibility" at a higher level.
【作者单位】： 中国人民大学社会学理论与方法研究中心;国家发展与战略研究院;
【分类号】：D630
，
本文编号：2524377
[Abstract]:Since the third Plenary session of the 18th CPC Central Committee adopted the decision of the CPC Central Committee on deepening Reform in an all-round way, some enlightening research documents have been formed on the modernization of state governance ability and social governance. However, in the specific field of risk management and prevention, there are not many studies combined with cases. While emphasizing "making the market play a decisive role in the allocation of resources", the state seems to ignore "making the market play a decisive role in the risk balance". Starting from the Xu Yuyu incident and combining with some experiences of China and the United States, the case analysis shows that a mechanism of "restriction and balance of three rights" can be constructed in the market field. It constructs a new situation through the arrangement of the tripartite rights and interests of the parties and the space-time provisions of the transaction form, so that the negotiators who may otherwise be relatively weak have gained a higher game position in this new situation. Thus balancing and restricting the possibility of artificial breeding of a large number of risks. Of course, the good operation of this mechanism needs to achieve "government responsibility, market responsibility, social co-responsibility" at a higher level.
【作者单位】： 中国人民大学社会学理论与方法研究中心;国家发展与战略研究院;
【分类号】：D630
，
本文编号：2524377
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