业主自治及其实践困境的消解——基于多中心治理的阐释

    Proprietors’Autonomy and Solutions to Deal with Its Dilemmas—From the Perspective of Polycentric Governance

    • 摘要: 在我国住房制度改革的进程中出现了业主自治,其内涵可从广义上说明。业主自治体现了多中心治理。从多中心治理生成逻辑的三个角度——国家与社会关系重塑、公民权利与公共事务增长、民主模式转型与基层民主,可分析业主自治产生的必然性与重大意义。然而业主自治在实践中困境重重,包括民主与合作的困境、规范与事实之间的困境、政府指导部门的困境、利益博弈困境。对此需要遵循多中心治理合作机制的建构思路寻求系统的消解性方案,即以运作规则、合作场域、治理主体为基点构建合作治理机制,以此推动业主自治良性发展。

       

      Abstract: Proprietors' autonomy has arisen in the course of China'housing system reform and its meaning may be illustrated in the broad sense. Proprietors' autonomy embodies Polycentric Governance. The proprietors' autonomy's necessity and its significance may be analyzed from Polycentric Governance'three generation logical perspectives, namely remodeling the relation between country and society, the increase in citizens'social rights and public issues, and the transformation of democracy and democracy at the grassroots. However, proprietors'autonomy practice is facing considerable difficulties, including dilemmas of democracy and cooperation, conflicts between regulations and realities, predicaments faced by government guidance departments, and quagmires of interests game. To deal with these difficulties,systematic solutions should be generated according to the constructive theory of cooperation mechanism of Polycentric Governance. That is to say, rules of operation, cooperation field and governance subject should be taken as three basic points to construct the cooperation and governance mechanism,which can help promote sound development for proprietors' autonomy.

       

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