信用监管何以有效?——基于后设监管理论的解释

How Does Credit-based Regulation Work?——An Explanation Based on the Meta-regulation Theory

随着"放管服"改革不断深入,构建以信用为基础的新型监管机制已成为当前市场监管工作的抓手。为解答信用监管何以发挥作用并实现监管目标这一重要问题,本文引入后设监管理论分析信用监管的作用机制。在事前阶段的信用承诺、事中阶段的分级分类监管、事后阶段的联合奖惩等监管全过程,后设监管理论可以很好解释信用监管发挥作用的动力机制,即从内部监管自主权、成本—收益考量、社会责任形象等三个方面促使市场主体建立完善的内部监管体系,从源头上主动杜绝失信行为,从而实现市场监管目标。本文还以网约车平台为例,验证了信用监管三种作用机制在平台经济领域的有效性。

With the continuous deepening of the reform of“streamlining administrative process and delegating power,strengthening regulation and improving services”,it has become the grip of the current market regulation work to establish a new credit-based regulatory mechanism.In order to answer the important question of how credit-based regulation can work and achieve regulatory objectives,we introduce the meta-regulation theory to analyze the internal logic and working mechanism of credit-based regulation.We find that in the whole process of credit-based regulation,including credit commitment in the ex ante stage,hierarchy and classification regulation in the mid-stage,and joint rewards and punishment in the post-stage,the meta-regulation theory works well to explain the mechanism of how credit-based regulation takes effect.To be specific,market entities are motivated to establish perfect internal supervision system and avoid dishonesty from the source so as to realize the market regulatory objectives by internal supervisory autonomy,cost-benefit consideration as well as social responsibility image etc..We also take an online ride-hailing platform as the example to verify the effectiveness of the three mechanisms of credit-based regulation in the platform economy.