社区公地及其治理

The Governance of Community Common Areas

社区公地是指居民家庭界限以外,居住小区边界以内,带有公共属性的环境、空间、场地和设施等。社区公地治理已深陷"公地悲剧"的悖论之中,其治理困境的产生与不同主体的空间实践活动紧密相关,带有较强的矛盾对抗性和利益关联性。社区公地治理的目的是实现"帕累托改进",也就是说,在利益相关者的合法权益都不受损的前提下,恢复其公共属性,即权属上公有、使用上共享、价值上公共。实现社区公地良性治理的根基在于社区自治,除通过居民组织化实现公共权利的主体归位外,还需借助政府及第三方力量形成"多方参与、协同合作"的治理格局。

Community common areas refer to living environment, spaces, venues and facilities and so on with public attribute, which beyond residents＇ family sphere while inside the residential area boundary. The governance of community common areas is deeply involved in the paradox of the ＂tragedy of the commons＂, and the appearance of the governance dilemma is closely related to different participators＇ interest-oriented spatial activities and filled with conflicts. The purpose of the governance of community common areas is to achieve Pareto improvement, that is to say, in the premise of the legitimate rights and interests of stakeholders are not damaged, to restore the public attribute of the community common areas, namely public ownership, shared usage, and public value. The good governance of community common areas is based on community self-governance, and it needs not only to ascertain public rights by organizing residents, but also to draw support from government and third-party to form the governance structure of ＂multi-party participation and collaboration＂.