公共体育服务购买的关系契约特征与双重治理机制

Relationship contract characteristics and dual governance mechanism for public sports service purchase

通过文献资料法、实地考察法,以湖北省政府向体育社会组织购买全民健身系列赛事为研究案例,通过分析认为政府购买公共体育服务项目形成契约与关系治理的双重治理机制,契约治理来自于现代法律制度的经济理性,是以正式合同为重要落脚点,利用激励机制、监督机制和惩罚机制来保障项目的正式性;关系治理来自于参与主体作为人的有限理性,以非正式契约中交易内容的不确定性为作用空间,采用包括声誉机制、经验机制、信任机制等手段进一步完善履约行为。这两种机制相互补充,是法治与人治共同作用的体现,政府应从“激励—监管—惩罚”端着手,进一步完善契约治理内容,体育社会组织应积极发挥体育治理主体作用,关注“声誉—经验—信任”为内容的关系治理机制的建立和发展。

Through the methods of literature review and field investigation,taking Hubei provincial government's purchase of national fitness events from sports social organizations as a research case,it is concluded that the dual governance mechanism of contract governance and relationship governance is formed in the government's purchase of public sports service projects,and contract governance comes from the economic rationality of modern legal system,taking formal contracts as an important foothold,and using incentive mechanism,supervision mechanism and punishment mechanism to ensure the formality of projects;relationship governance comes from the limited rationality of participants as human beings,and takes the uncertainty of transaction contents in informal contracts as the action space,and adopts means such as reputation mechanism,experience mechanism and trust mechanism to further improve performance behavior.These two mechanisms complement each other,which is the expression of the joint action of rule by law and by human.The government should start with"incentive-supervision-punishment"to further improve the content of contract governance,and sports social organizations should actively play the role of sports governance subject and pay attention to the establishment and development of relationship governance mechanism with"reputation-experience-trust"as its content.