合法性的时空转换--以南方市福街草根民间商会为例

The Legitimacy of Space-Time Conversion:A Case Study on the Grassroots Chamber of Commerce in Fujie

合法性理论涉及民间社会合法律性和政府权威合法性两方面。在"依法治国"的法治时代,地方政府愿意并能认同"非法"状态的福街草根民间商会的原因值得探讨。一方面正义原则是福街草根民间商会的合法基础,另一方面地方政府业已认识到自身权威的合法性危机并试图走出危机。地方政府与民间社会暂时悬置相关法规,在互动中互补自身的合法性不足,使"非法"与合法语境在法治框架中有效自如地进行时空转换,地方政府权威与民间社会权利在重建社会秩序中因此能够相得益彰、和谐共处。

The Theory of Legitimacy deals with the legitimacy of folk societies and the legitimacy of governmental authorities.In the times of governing the state via laws,why would the local government recognize the illegitimate Grassroots Chamber of Commerce in Jujie? On the one hand,the Principle of Justice sees the legitimate foundation of that organization;on the other hand,the local government has sensed the crisis in the legitimacy of its own authority.Now temporarily hanging above the laws,the local government and folk society are supplementing their own imperfect legitimacy,respectively,in their interaction so that free but effective space-time conversion of the 'illegitimacy' and 'legitimacy' within the legal framework is accomplished.The authority of the local government and the rights of a folk society can benefit each other during reorganizing the social order and co-existing.The research on the Fujie experience reported in this paper shows that the crisis in the legitimacy of the local government's authority and the crisis in the legitimacy of folk organizations are in fact two sides of just one problem.Only with both sides' cooperation and grant of the legitimacy to the other party can each get out of its own temporary predicament.