公共治理视阈中的行政责任研究

发布时间：2018-08-18 17:59

【摘要】：在传统公共行政发展时期,政府的责任就是一味地追求工具理性;在新公共管理时代,政府的责任就是一味地追求管理主义原则、效率至上原则和顾客至上原则。这两个时期,公共行政责任来源的研究也都只是作为最初的老公共行政和工业时代发展的需要。随着现代民主政治的发展,公共行政主体换位的呼声越来越强烈。以公众为主体角度来思考的政府责任体系,也必然是政府责任理念转变首要思维点。本文首先从行政责任来源的争论当中引出只有从治理的角度才能真正解决责任困境。芬纳和弗雷德里克对责任来源途径的辩论,都只是传统模式下单向的责任来源研究,库伯的责任模式也有其限度,公共治理当中的共治途径才是解决责任困境源头。在前人研究的基础上,本文首先提出了公共治理当中行政责任的发生场景。公共问题和利害相关的公民是政府责任产生的两大基本前提,公共治理环境是政府责任产生的必要条件。政府的公共性即政府的所有公共属性,其内在要件包括:公共权力和公共职位等。共同体精神是维系政府与民众情感关系的纽带。“无支配”是共和主义公共管理学的基本概念。无支配的自由包括公共利益的无支配、公民权利的无支配和共同体治理的无支配。政府公共性、共同体和无支配自由是公共治理中政府责任的三大价值基础。政府与公民的审议、共识和信任,是公共治理中政府责任产生机制的三大基本要素。在公共治理当中,审议其实就是通过向治理领域的公民提出支持的论点以后,找出解决公民之间的利益冲突或者矛盾分歧的途径。政府治理只有在“政民共识”的基础上才能达到和谐的状态。政府与公民的相互信任是进行对话协商的基础。在公共治理当中,政府责任形成于其自身与公民达成共识的基础上。在审议过程当中,在政府与公民互相信任的基础上,就利害相关的公民所关心的公共问题达成共识,这是公共治理政府责任的产生机制。在现代民主社会管理当中,实现治理领域下的政府责任,首先必须要有一定的保障条件。审议规则、政府善治和公民美德都是不可或缺的基本条件。审议规则是保证公民在协商对话当中地位的基本规则。政府的善治其实就是公共行政者使得公众利益达到最大化的公共治理过程。公民的美德是公民个人实现自身利益和公众利益的集合体,公民的美德对公民与政府的平等对话能够起到保障作用。
[Abstract]:In the period of the development of traditional public administration, the responsibility of the government is to pursue the instrumental rationality blindly; in the new public management era, the responsibility of the government is to pursue the principle of managementism, the principle of efficiency first and the principle of customer supremacy. In these two periods, the study of the source of public administration responsibility is only the need of the development of the old public administration and the industrial era. With the development of modern democratic politics, the voice of public administration subject transposition is more and more intense. The system of government responsibility, which is considered by the public as the main body, must also be the primary thinking point of the transformation of the concept of government responsibility. In this paper, only from the angle of governance can the dilemma of responsibility be solved from the argument of the source of administrative responsibility. The debate between Finner and Frederick on the source of responsibility is only a one-way study of the source of responsibility under the traditional mode. Cooper's mode of responsibility has its limits, and the co-treatment approach in public governance is the source of the dilemma of responsibility. On the basis of previous studies, this paper firstly puts forward the scene of administrative responsibility in public governance. Public problems and related citizens are the two basic preconditions of government responsibility, and the environment of public governance is the necessary condition of government responsibility. The publicity of the government is all the public attributes of the government, and its internal elements include: public power and public position. The spirit of community is the bond to maintain the emotional relationship between the government and the people. "No-domination" is the basic concept of Republican public management. The freedom of non-domination includes non-domination of public interest, non-domination of civil rights and non-domination of community governance. Government publicity, community and free control are the three value bases of government responsibility in public governance. The deliberation, consensus and trust between the government and citizens are the three basic elements of the mechanism of government responsibility in public governance. In public governance, deliberation is actually to find the way to solve the conflict of interest or contradiction between citizens after putting forward the argument of support to the citizens in the field of governance. Only on the basis of the consensus of the government and the people can the government achieve a harmonious state. Mutual trust between government and citizens is the basis for dialogue and consultation. In public governance, government responsibility is formed on the basis of its own consensus with citizens. In the process of deliberation, on the basis of mutual trust between the government and the citizens, a consensus is reached on the public issues concerned by the citizens concerned with the interests, which is the mechanism to produce the responsibility of the public governance government. In the management of modern democratic society, in order to realize the government responsibility in the field of governance, it is necessary to have certain guarantee conditions. Deliberating rules, good government and civic virtue are essential basic conditions. Deliberative rules are the basic rules that guarantee citizens' status in consultation and dialogue. The good governance of government is the process of public administration which makes the public benefit maximized. Citizen's virtue is a combination of individual citizen's self-interest and public interest, and citizen's virtue can guarantee the equal dialogue between citizen and government.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D035

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