从工具合法性到价值合法性——我国权力合法性的价值范式转型

From Tool Legality to Value Legality——on the value paradigm shift of China's power legality

权力合法性一直是敏感而又热议的话题。但学界对这一问题的研究热衷于政治学探究,忽视了伦理学关怀;在谋求合法性的方式上,则倾向于工具合法性,忽视价值合法性。事实上,权力合法性问题也是个伦理学范畴,在权力合法性的谋求范式上,不仅有工具合法性,还有价值合法性。但现实的情况是,人们往往侧重工具合法性,忽视价值合法性,其结果便是造成一种"政绩困局"。改革开放以来,我们践行的主要是"绩效合法性",这种合法性以工具合法性为主导,在带来经济社会巨变的同时,也遭遇了"政绩困局"。要摆脱这种困境,必须实现权力合法性的价值范式转型,即从工具合法性转向价值合法性,实现工具合法性与价值合法性齐驱并进的壮丽景观。

Power legality has always been a sensitive and hotly debated issue.However,concerning its research the academic circles has been bound up in the political aspect with negligence of its ethical dimension;while in the means to acquire the legality,more attention has been given to tool legality while neglecting value legality.In fact,the issue of power legality has its ethical domain;while as regards the means to acquire power legality,it concerns not only tool legality,but also value legality.However the reality is that scholars are more concerned with tool legality than value legality,and as a result a dilemma of 'official achievement.' Ever since the opening and reform policy had been enforced,what we have put practice has mainly been the 'legality of performance,' which adopts the tool legality as the leading guide,and then consequently while bringing radical economic,social changes,it also causing 'dilemma of official achievement.' In order to get away from such dilemma,it is necessary to realize the value paradigm shift of power legality,i.e.,from the tool legality to value legality so as to achieve the magnificent view of simultaneous advancement of tool legality and value legality.