Legal Mechanisms for the Joint Governance of Public and Private Rights
2018年08月09日 10:41 来源:Social Sciences in China Press 作者:Tang Qingli

  Tang Qingli

  School of Law, Southwestern University of Finance and Economics

  Abstract:Traditional jurisprudence has produced few studies at the level of institutional operation,resulting in a lack of knowledge about the structure, actors and symbols involved in the modernization of social governance. This is so much so that modernization of social governance is in practice misunderstood as the rule of law, informatization and adoption of technology. The core issue of social governance is the division of oversight and penalty costs between the state and individuals, but we need to call upon a statutory platform to facilitate cooperation between public and private rights. The modernization of social governance involves the use of legislation to provide techniques and statutory platforms for cooperation in an open society, ensuring the reasonable division of social governance information and penalty costs when public and private rights overlap. The social governance techniques that enable public and private rights to work together involve taking a group of observable symbols or organizations on which consensus has been reached as a statutory platform, with all sides bringing greater accountability to bear on this platform in order to maximize their interests and minimize their transaction costs, with no need to inquire further into its particular constitution.

  Keywords:public right,private right,joint social governance,legal mechanisms


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