基层公共法律服务多元合作制度的张力及其完善

Tension and Improvement of the Pluralistic Cooperation System of Grassroots Public Legal Services

公共法律服务能够满足基层群众的法律服务需求,提升基层治理法治化水平,是新时代"枫桥经验"的核心要素之一。政府、市场与社会多元合作供给公共法律服务是当前改革中高度认同的基层治理创新模式,对形成共建、共治、共享的社会治理格局具有积极的意义。但是,基层治理与公共法律服务之间也存在制度张力,公共法律服务的实效取决于基层治理权力结构及权力配置的均衡状态,治理主体间权力的违和失衡及目标冲突会导致公共法律服务专业化和独立性被消解。厘清公共法律服务与基层治理之间的内在关联与紧张关系,方能为通过基层治理创新完善公共法律服务多元合作供给提供理想的制度图景。

Public legal services can meet the needs of the community for legal service and improve the level of grass-roots governance by law,which is one of the core elements of"Fengqiao Experience"in the new era.The pluralistic cooperation between the government,the markets and the community to provide public legal services is a highly recognized innovative mode of grassroots governance in the current reform,which is of positive significance to the formation of a social governance pattern of co-construction,co-governance and sharing.However,there is also institutional tension between grassroots governance and public legal services.The effectiveness of public legal services depends on the balance of power structure and power allocation of grassroots governance.The violation and imbalance of power and conflict of objectives among governance subjects will lead to the dissolution of specialization and independence of public legal services.Only by clarifying the internal relationship and tension between public legal services and grass-roots governance,can we provide an ideal institutional picture for improving the diversified cooperative supply of public legal services through grassroots governance innovation.