传统民间组织治理结构与法人产权制度——基于清代公共建设与管理的研究

The Governance Structure of Traditional Social Organizations and Institutional Property Rights of Legal Entities: Based on the Management of Public Infrastructure in the Qing Dynasty

本文聚焦于清代民间公共设施建设的组织者桥会与义渡,系统考察中国本土渊源的公益法人制度及其治理模式,揭示传统时代法人产权的属性与特征。桥会、义渡是一种非营利性、非政府性的公益机构,其理事会由民间自主推选,自愿担当,负责筹资、兴建、长期维护与运营,管理公开透明,并能完成跨区域协调工作及处理纠纷。它们拥有田地、会金等独立资产,其排他性的法人产权得到政府和法律的保障。这种法人产权形态也是民间广泛存在的家族、寺庙、善堂、书院及各种会社多样化发展的制度基础,显示了传统社会民间的动员能力、组织能力与制度创造力。它们也成为政府联结民间的纽带与中介,在基层秩序中有效地发挥着独特的作用。

In traditional China,local infrastructure projects were generally organized and undertaken by the people themselves,while river crossings,covered bridges,charities and other similar projects were usually set up by philanthropists.This paper comprehensively discusses the organizational model and the governance structure of public facility construction,demonstrates the property rights of legal entities in Chinese history for the first time,and systematically investigates the property rights foundation of various social organizations to promote reflection on and understanding of traditional grassroots society.First,local infrastructure construction is based on a relatively mature organization and its governance structure.Council members are selected by the people and are responsible for the financing,construction,operation and maintenance of the infrastructure.The council s administration and management are open and transparent,and it is capable of achieving cross-regional coordination and handling disputes.Second,river crossings and covered bridges are a kind of non-profit and non-government public interest project.In a time of economic shortage,the ability to mobilize and organize people reflects the creativity of social organizations.Public goods are provided by the people in the form of free services,which was seldom done in the past.This is quite different from the direct undertakings of the government and profit-driven companies.From a moral viewpoint,it is respectable,but it has inherent limitations compared with the contemporaneous Britain and American market players.Moreover,legal entities own independent properties,mostly real estate and farmland,in addition to endowments with future value added earnings,which are used for long-term maintenance and operations with rules and regulations.Their exclusive legal property rights have integrity and are indivisible and guaranteed by the government and law.Last but not least,these social organizations play their respective roles in various aspects of economic and social life,both as an intermediary and bridge for the government to connect,communicate and coordinate with the grassroots level and as institutional foundations to ensure the low-cost maintenance of the unified regime.In traditional China,most grassroots affairs were managed by the people themselves.The order and system were spontaneous,but believing that traditional Chinese lacked the ability to organize themselves reflects misunderstanding and prejudice.In fact,China's grassroots society has a tradition of original democracy,forming a relatively mature institutional arrangement.Furthermore,these social organizations own independent properties with clear rights,so future benefits are guaranteed.Their independence allows them to exist and develop without relying on power politics.They also form an effective organizational system with the governance structure,which operates in an open and transparent manner and is accountable to the society and multiple interest groups.Lastly,their effective incentive and restraint mechanisms are not only directly related to economic interests,but also coordinated with hardworking employees and with religious,ethical and moral leaders who devote themselves emotionally to management.At the same time,strict regulations and public oversight have avoided pockets and laches and helped organizations to effectively overcome rent seeking and corruption.In short,due to the independent property rights of legal entities,clear constitutive regulations,an effective governance structure,open and transparent management operations,encouragement of social and economic interests,and supervision and restraint of the public,the institutional arrangements of traditional Chinese social organizations are fruitful and enlightening.