公共产品供给机制创新及其法律规制

Innovation of the Provision System of Public Goods and Its Regulation of Law

供给机制不完善是造成公共产品供求矛盾的一个根本原因。现行单向的决策机制、一元的供给主体和垄断性供给方式带来诸多弊端。创新供给机制,建立自下而上多利益中心决策机制、建立包括政府、市场和第三部门在内的多元化供给主体机制和供给方式。法律规制中应赋予不同利益组织参与决策权,主体间供给责任分配。规制法律既有公法还包括私法,并遵循双重利益平衡和充分竞争原则。

The impefection of provision system is the fundamental reason that causes the inconsistentency of supply and demand of public goods. The single decision-making, unitary privision body and monoplization of provision mode have many disadvantages. The polycentric system must be estalished to ） innovate the provision mode of public goods. Interest-centered decision-making system must be established and multi-provision system and mode including government, market and the third department also must be set up. It should endow different interest organizations with the rights of decision as well as the duty distribution. The regulative law is composed of the public law and the private law; and the mode must follow two principles ：balance of double interest and sufficient competition.