Contractual Governance:A New Type Study On Local Governance In China

At present,the main contradiction in our society has changed,and China's reform has entered a deep water period.Correspondingly,local governance must answer the question of how to optimize the governance effect under the existing conditions.Under the guidance of this question,the new governance model of contractual governance is extracted through the study of a large number of cases and phenomena that have occurred in the local governance practice in China,combined with the spirit of central documents and laws and regulations.That is,in order to achieve the purpose of governance,the government promotes or directly participates in the main way to consult or promote the consultation of participants,so that the equal participants express the governance model of a clear contract according to their respective meanings.At the same time,it is proposed that contractual governance is different from contract,and it is also different from simple methods and methods that use contract as a governance tool.Contractual governance is an empirical governance model that draws on the contractual attributes,contractual spirit,and related content of contractual ethics and combines with modern governance theory.In terms of connotation,contractual governance includes at least the following: The government is entering the field of governance with a more equal or fairer attitude rather than a superior one.The government pays more attention to the flexible governance of the consultation process rather than the rigid governance of the order.The participants in the contract have a high degree of autonomy and are not subject to illegal interference.The government's restraint and transparency on its own power during and after the conclusion of the contract is not unlimited expansion and concealment behind the scenes.The rules that govern participants 'trust in the government and the government must be equally honest,clear rights and obligations among governance participants rather than vague discussions and arguments without clear results,Any violation of the contract by any party involved in governance,including the government,will be subject to negative evaluation and even disciplinary measures.He embodies the humility,fairness,equality,participation,consultation,transparency,honesty,disciplinability,and efficiency of government power in the governance process.From this point of view,contractual governance is also a thinking mode of government governance.Its operating mechanism is: In order to achieve the purpose of governance,the government has taken the initiative to pay more respect to the intention of the participants in the contract formation process through direct or indirect participation,and has more prominent the main position of the participants in the contract,with consultation as the main method.In the case of the parties 'willingness,the contract is concluded,and eventually a form of contract with clear and effective content that binds all participating subjects is formed.In this process,the government must embody humility,fairness,equality,consultation,service,and disciplinability.In the above background and research intention,the introduction of the topic is based on the practice that has already occurred and is happening in China.The purpose is also to provide an empirical governance model or governance thinking for local practice in China.Therefore,this kind of research and discussion must also be indigenous,and it is based on the history and current situation of China.Through the study of the mechanism of the role of contractual governance in local practice and its operation,the relevant theories of law,political science,and economics are used to demonstrate that contractual governance is in line with China's current development reality.It shows that contractual governance has strong operability and effectiveness in local practice in China.At the same time,it summarizes the outstanding problems in the process of governance and puts forward suggestions and suggestions for further improvement,thus making it a more practical and effective knowledge.Specifically,this article is divided into six chapters.Chapter ?,on the basis of defining the concept and connotation of contractual governance and its connection and distinction with relevant theories,combines the attributes of contractual governance with the needs of China's economic system reform and the construction of social order,and demonstrates the fit between contractual governance and China's reform needs.It shows that the proposal of contractual governance has contingency and necessity.Chapter ?,puts contractual governance in China's unique "harmony" cultural tradition and social characteristics of the acquaintance society,expounds the interaction between contractual governance and the two,and argues that contractual governance is in harmony with the local phenomenon in China.The unique humanistic social imagination of China provides local resources for the realization and development of contractual governance.Chapter ?,describes the four phenomena of the contractual relationship between governments,the contractual relationship between public and private cooperation,the contractual relationship between governments on the platform of themselves or designated others,and the contractual relationship between villagers 'autonomy under the leadership of the government.This paper expounds the role of traditional practice of contractual governance in local governance.Chapter ?,Through the description of the newly emerged contractual governance model,including the "standard land + commitment system" approval reform,straw burning management,the new“Heung Hyun”system,and the volunteer members system under the leadership of the Station Party Branch,Expounds the role of contractual governance in realizing self-governance,guiding market governance by contract,and realizing intermediary participation in self-government and co-governance by contractChapter ?,summarizes the outstanding problems of contractual governance in the local practice of our country,including the government leading into government control,contractual governance into form,contractual governance into tools,and its causes,specific external manifestations and the harm caused.Chapter ?,In order to improve contractual governance and bring it into the path of the rule of law,it is proposed to establish contractual concepts such as equality,consultation,and integrity,strengthen legislation,strengthen legislative capacity and improve the quality of legislation,and strengthen supervision and evaluation and the use of results.And the implementation of government default can be punished.