自然资源资产委托代理机制:权能突变与行权模式——基于不完全契约理论视角

Design of power mutation and exercise mode of the natural resource assets principal-agent mechanism:From the perspective of incomplete contract theory

全民所有自然资源资产管理实施委托代理机制,其行权模式是实现自然资源资产有效保护和高效利用的探索性命题。基于不完全契约理论和租值耗散理论,以产权有序转移、降低租值耗散为目标,解构产权从“权利”转变为“权力”的权能突变逻辑。研究表明:在马克思产权理论指导下,通过所有权委托代理与权利分置等方式实现公有制产权的部分转移,促进规模化经营,但权能突变和产权转移造成以剩余控制权扩张和监管结构性缺位为代表的行权困境。研究认为应当强化政府权责张力以遏制控制权扩张,促进部分产权从全民所有到个体经营的有序复归;同时加强数字化监管的独立性,实施“全民所有—法定委托—分级代理—部分产权转移—全面监督”的行权模式,避免非合理性租耗。

The implementation of the principal-agent mechanism in the management of natural resource assets owned by the whole people is an exploratory proposition to realize the effective protection and efficient utilization of natural resource assets.Based on the theory of incomplete contract and the theory of rent dissipation,aiming at the orderly transfer of property rights and the dissipation of rent value reduction,the power mutation logic of the transformation of property rights from"right"to"power"must be deconstructed.It is found through the study that the property rights of natural resource assets have been partially transferred under the guidance of Marx's property rights theory,and then developed into large-scale operation in the framework of dual ownership,while the mutation of power and the transfer of property rights have caused the exercise dilemma represented by the expansion of residual control rights and the structural absence of supervision.It is believed that the tension between government powers and responsibilities should be strengthened to inhibit the expansion of control rights,contributing to the orderly return of property rights from ownership by the whole people to individual operation.Meanwhile,the independence of digital comprehensive supervision must be heightened,and the exercise mode of"universal ownership-legal entrustment-hierarchical agency-partial property rights transfercomprehensive supervision"could be implemented,avoiding the non-rational rent dissipation of natural resource assets.In this model,there are three ways to achieve.Firstly,control decomposition should build a hierarchical downward mechanism for the residual control rights of natural resource assets,enhance the arrangement of control rights at the same level for the natural resource assets utilization and supervision,and establish a legal and regulatory system with clear powers and responsibilities.Secondly,people related to property right must reduce cross of attributes,conduct scale operation and cut down on property rights conflicts,lowering down the transaction costs and rental value dissipation caused by property rights conflicts among operators.Thirdly,comprehensive oversight is supposed to deepen the construction of digital standardization and expand the space for standardization supervision,and improve the independence of"digital supervision"by utilizing digital government opportunities,strengthening the incentive compatibility mechanism of natural resource asset supervision.More importantly,digital regulation is not only an extension of internal supervision,but the decentralization of regulatory power which is to make the regulatory process and results transparent and the bottom line of ecological protection visible,gradually improving its independence and making it become a"third party supervision"carrier.This is to allow the masses,the media,and group organizations to exercise their supervisory power through the carrier of"digital supervision",and resort to laws and regulations for unreasonable behaviors or phenomena.At the same time,the roles of"manager"and"referee"of the government can be separated.