国外共同规制相关研究进展与述评

Comments on and Development of Foreign Relative Research on Co-regulation

共同规制在食品安全和环境保护等领域逐渐得到应用,现有研究对其基本特征进行了界定;讨论了存在的主要形式,包括混合规制和创新性共同规制等;研究了可能的后果,如守法绩效、专业技能和效率等优势,及规制俘获、自愿行为、责任和合法性等方面的不足;提出规制有效性的适用条件,包括制度环境、企业规制能力、参与、透明和公私利益一致等。最后对现有研究进展进行了述评。

Co-regulation has been gradually applied in such domains as food safety and environment protection.Current research has specified its basic characteristics, discussed its main form including hybrid regulation and innovative co-regulation, studied the possible results such advantages as compliance performance, expertise and efficiency, and risks as regulation capture, voluntariness,accountability and legitimacy, proposed conditions for co-regulation to succeed including institutional setting, regulatory capacity of firms, participation, transparency and the alignment of public and private interests.Comments are ultimately made on the present research development.