契约理论视角下的城市“小区治理”微观结构研究

Research on the Microstructure of Urban"Gated Living Community Governance"from the Perspective of Contract Theory

市民在以物业企业管理的小区中生活会遭遇各种复杂的矛盾和冲突。以契约理论为视角,聚焦小区治理的微观结构并进行剖析。结果表明小区治理是“三驾马车”(居委会、业主委员会、物业服务企业)是各方主体通过各种行动持续博弈并达成契约的过程。各主体之间有互动,也有利益冲突,当前契约关系所建构的治理框架并不能有效约束治理主体,并在小区场域当中内耗。针对小区治理过程中的问题,尝试提出以案例指导的方式推动小区治理体系中契约关系的强化和再造、建立去市场化物业的自管物业模式、打造基于透明原则的业委会运行机制闭环等可能路径以推动小区的良善治理。

Citizens living in neighborhoods managed by property companies will encounter a variety of complex conflicts and contradictions.Through the perspective of contract theory,This paper focuses on the microinstruction of neighborhood governance.The results show that the"Troika"(neighborhood committee,owner committee,and property management company)in the gated living community is a process in which all the subjects continue to play a part and reach a contract through various actions.There are interactions and conflicts of interests among the subjects,and the governance framework constructed by the current contractual relationship does not effectively constrain the governing subjects and leads to internal conflicts in the neighborhood field.Aiming at the problems in the process of gated living community govermance,the authors put forward some possible paths to promoting the good governance of the gated living community,such as strengthening and recreating the contractual relationship in the governance system under case guidance,establishing a self-managed property model of de-marketized property,and creating a closed loop of the operation mechanism of the owner commitee based on the principle of transparency.