疫情防控背景下经济治理的软法方案

Soft law scheme of economic governance under the background of epidemic prevention and control

为实现防控疫情和稳定经济的目标,经济治理场域出现了政府主导下非常规资源配置的结构性变化。防疫场域中,经济治理软法方案是指为确保特殊时期资源配置的有效性而制定和实施的满足应急性处置或常态化防控需要的组织规则。同时,经济治理软法方案呈现出应急性调制和常态化调制的样态。以法律理性尺度检视疫情防控背景下经济治理的软法方案,发现其尚存若干有待完善之处。为应对疫情防控的需要,经济治理软法方案应以疫情防控中的经济运行逻辑作为其构建的基础,以疫情防控中的法治逻辑作为其构建的理据,系统之治、规范之治、良善之治、包容之治、协作之治的基本要求应融入经济治理软法方案制定与实施的各个环节。

In order to achieve the goal of prevention and control and stabilizing the economy,there have been structural changes in the unconventional allocation of resources led by the government in the economic governance field.In the“Fighting Covid-19”field,the essence of soft law scheme of economic governance is the organizational rules,which are formulated and implemented to meet the needs of emergency disposal or normalized prevention and control in order to ensure the effectiveness of resource allocation in special periods.Meanwhile,the soft law scheme of economic governance shows the pattern of emergency modulation and normalized modulation.If we review the soft law scheme of economic governance under the background of epidemic prevention and control with the scale of legal rationality,there are still some areas to be improved.In order to meet the needs of epidemic prevention and control,the soft law scheme of economic governance should take the economic operation logic in epidemic prevention and control as the basis for the construction of soft law,and the logic of rule of law in epidemic prevention and control as the rationale for the construction of soft law.The basic requirements of systematic governance,normative governance,good governance,inclusive governance and cooperative governance should be integrated into all links of its formulation and implementation.