论地方政府决策中利益代表参与模式的法律建构

Participation of Interested Groups' Representative in Local Government's Decision-making

地方社会利益诉求多样化的现实导致传统的"传送带理论"无法圆满解释地方政府决策在利益取舍上的合法性。利益代表参与地方政府决策的模式将有助于缓解目前的"合法性缺失"以及相应的"决策失败"的困境。在利益代表参与模式下,参与者以"价值与技术"的基本区分为基础来确立利益代表参与的广度和深度,以资格界定和参与方式作为制度构建的核心。针对目前我国"专家理性"仍居主导地位的现状,有必要从现有的咨询专家委员会入手,将成员资格扩展至以相关利益主体构成的临时性代表,形成包括利益代表在内的咨询委员会制度,以此建构利益代表参与地方政府决策的制度端口。

The diversity of appeals of the interested groups in communities has resulted in failure of the traditional ＂transmission-beh theory＂ to justify the local government＇ s decision-making. Thus, participation the representative of interested groups in local government decision-making seems a solution of the lack of justi- fiability and the consequent decision-making failure. How and to what extent the representative of interested groups will participate is based on the ＂value and technique＂ factor of affairs and on the eligibility of the representative. Since expertise rationality still plays a dominant role in China, it is wise to set out from the existing adversary committees to make them include temporary representatives of relevant interested groups as members. Ultimately as a routine, the adversary committees are required to have as their members the representative of interested groups and thus the participation system may be smoothly established.