合作监管中公私主体责任的优化配置

Optimal Allocation of Responsibilities of Public and Private Entities in Cooperative Regulation

合作监管建基于公私主体之间明确、合法、效能的责任分工之上。然而,当前公私主体责任却存在边界模糊、配置不当、配置僵化等现实问题。为弥合责任配置现实与责任分工预期之间的差距,需要以厘清监管主体的角色定位、提高监管优势的匹配度、优化监管体系为基本方向,以责任法治、权责一致、效能原则为基本遵循,以监管结构、监管流程、责任配置方式为着力点,优化配置公私主体责任。基于合作监管的三重结构,优化政府主导式、企业主导式、社会主导式监管中公私主体责任配置的考量因素、具体方案等。基于合作监管的三阶流程,优化准入控制责任、运行监控责任、惩治威慑责任在公私主体之间的配置。基于监管环境的流变性,加强责任配置的制度供给、合同治理、能动司法,敏捷配置公私主体责任。

In order to achieve the function of efficiently promoting the completion of regulatory tasks,cooperative regulation should be based on a clear,legal,and effective division of responsibilities between public and private entities.However,there are practical problems with the responsibility of public and private entities,such as blurred boundaries,improper allocation,and rigid allocation.To bridge the gap between the reality of responsibility allocation and the expected division of responsibilities,it is necessary to clarify the role positioning of regulatory entities,improve the matching degree of regulatory advantages,optimize the regulatory system as the basic direction,follow the principles of responsibility rule of law,consistency of rights and responsibilities,and efficiency,and focus on regulatory structure,regulatory processes,and responsibility allocation methods to optimize the allocation of public and private subject responsibilities.Based on the triple structure of cooperative regulation,optimize the considerations and specific plans for the allocation of public and private responsibilities in government-led,enterpriseled,and social-led regulation.Based on the three-level process of cooperative regulation,optimize the allocation of access control responsibilities,operational monitoring responsibilities,and punishment and deterrence responsibilities between public and private entities.Based on the variability of the regulatory environment,we need to strengthen the institutional supply of responsibility allocation,contract governance,and active justice,and flexibly allocate public and private subject responsibilities.