论善治对人权的促进与阻碍

On the Promotion and Encumbrance of Good Governance to Human Rights

善治在西方治理理论中占有重要地位,其基本要素包括合法性、透明、责任、参与等。善治与人权具有内在的关联性。善治通过提高政府能力增强政府保障人权的能力,并减少对人权的侵害。善治还能推进公民对公共管理的参与,提升人权的实现水平。由于善治侧重于市场和经济治理,与人权原则存在差异,所以二者会产生冲突,善治计划可能导致政府过度集权以及产生新的腐败,阻碍对人权的保护。

Good governance plays a key role in western governance theories, whose basic elements include legality, transparency, accountability and participation. Good governance relates to human fights by promoting the government competence to safeguard human fights and by lessening the infringement on human rights. Moreover, good governance can promote the civil participation in public administration and improve the accomplishment level of human rights. But differences and even conflicts exist between good governance and human rights, since the former tends to market and economic governance, and may lead to excessive centralization of government power and generate new briberies, resulting in impeding the protection of human rights.