行政的正义——兼对“回应性”概念的阐释

Justice of Administration:An Interpretation of Responsiveness

建立在程序化、非人格化亦即理性化基础上的传统公共行政的效率、效果、经济及责任等价值背后蕴藏的是形式正义 ,其最大缺憾就是 ,把过多的资源消耗在维持公共行政的形式理性方面 ,牺牲了实体性目标的实现 ,即以实质正义为代价。西方发达国家八十年代以来的行政改革的一个重要取向就是强调“目的”控制的意义和作用 ,期望以实质 (实体 )正义来统合形式正义 ,克服传统行政的困境。“回应性”表述的正是这种实质正义的政府改革目标。认识这一点 ,对于理解当代西方行政改革的价值取向和鉴别西方经验对我国的借鉴意义非常必要。

The values of the traditional Public Administration, which are based on formalization, impersonalization (rationalization), such as efficiency, effectiveness, economy and accountability contain the Formal Justice. It has the basic defect as spending too many resources to protect the formal rationality of public administration. It thus sacrifices the realization of substantive goals, i.e. at the cost of the Substantive Justice. However, one of the most important orientations of the administration reform, which is started by the west developed countries since 1980s, is to emphasize the significance and role of the 'end', This means using the substantive justice to integrate the formal justice, therefore to overcome the puzzledom of the traditional administration. The concept of 'Responsiveness' just expresses this substantive justice goal of the government reform. It is very necessary for us to recognize it in order to understand the value orientations of the modern West Administration Reform, as well as to diffferentiate the west experiences for reference.