政府与社会组织合作的困境与出路——基于公私法融合的视角

Dilemma and Outlet of Cooperation Between the Government and Social Organizations——from the Perspective of Integration of Public Laws and Private Laws

政府与社会组织合作提供公共服务已成常态。公法与私法的二元对立看似堵塞了政府与社会组织的合作之路,公法与私法的融合却为政府与社会组织之间开展合作提供了制度土壤,而政社合作的优势与意义进一步推动了政府与社会组织合作的展开。但政社合作面临诸多问题,包括社会组织的法律定位不清、缺乏常态化的合作机制、规制难题、社会组织的公信力缺失等。因而有必要从建立平等的政社合作关系入手,构建常态化的政社合作机制,同时着力提高社会组织的公信力。

Cooperation between the government and social organizations to provide public services has become the norm.The duality of public laws and private laws seems to hold back the cooperation between the government and social organizations,while the integration of public laws and private laws provides the institutional soil for their cooperation,and further,the advantage and significance of government-social cooperation have promoted their development.However,a series of problems are exposed during their cooperation,including unclear legal positioning of social organizations,lack of normalized cooperation mechanism,regulatory difficulties and the loss of credibility of social organizations.Therefore,it is necessary to build a normal cooperation mechanism between government and social organizations by establishing an equal relationship between them,and meanwhile it is essential to enhance the credibility of social organizations.