行政法视角下合作治理的困境及回应

Study on the Dilemma in Cooperative Governance and its Response from the Perspective of Administrative Law

作为现代政府改革的一种模式,合作治理诞生于公共行政领域并逐渐占据主导地位。行政法视角下,合作治理在我国产生了"水土不服"和观念偏差,同时还面临着五大困境亟待回应。在回应中,须摒弃构建完美制度框架和探寻卓越治理路线的表象努力,回归至找寻"元路径"的思路上,构建开展合作治理所必需的"被认真对待的权利",沿着该进路才能最终实现合作治理的制度初衷和美好愿景。

As one mode for the reform of modern government, cooperative governance arises from public ad- ministration and gradually occupies a dominant position. From the perspective of administrative law, cooperative governance in China meets the difficulty of ＂unaccustomed to the climate＂ and the concept deviation, and there are five predicaments needed to response. In the response, it is necessary to reject the exterior effort to construct a per- fect system framework, or to explore the excellent governing route. What we need to do is returning to seek the ＂meta path＂, construct and develop the system according to ＂the right to be treated seriously＂, and this is what is needed for cooperative governance. Only when following this path it is possible to finally realize the original inten- tion and good vision of cooperative governance.