统合治理”模式下的高廉政风险及其制约监督研究

“统合治理”是指地方政府在城市化过程中利用公司化平台进行经营性运作的治理模式，其典型的组织化治理工具是“管委会-公司”架构的政府项目平台。“统合治理”模式具有较高的治理绩效，但随之而来的是公权力“遁入私法”现象，从而导致廉政风险不断增加。公权力“遁入私法”在一定程度上绕过了一统体制下自上而下的制度约束，激发了地方政府发展经济的自主性，并使其经济权力得以扩张；但同时由于制约与监督制度未能有效构建，导致权力失控危险增加，集中体现在公权力可以在政府与企业的双重身份中切换，使公权力能够借由“遁入私法”的方式摆脱传统的控权制度。“统合治理”模式能否避免高廉政风险并继续保持较高的治理绩效，在很大程度上取决于对现有制约监督机制的重构。

Research on the High Integrity Risk under the ″Integrated Governance″ Pattern and Its Restriction and Supervision

Since the Reform and Opening-up, local governments have played the role of ″economic agents,″ and managed public assets in the administrative region according to demutualization operation mode. With local governments no longer holding economic entity directly, they have begun to manage the administrative regions relying on executive power, land and other asset powers, and networking project platform organization. In a sense，″integrated governance mode″ is an expression of the development of ″local government corporatization″ with respect to organizational structure. The organizational structure of integrated governance mode is reflected in two aspects in practice: first, establish ″new zone″ ″special zone″ ″development zone″ and other special zones, which enjoy distinctive policy for developing their economy but are still under the premise of maintaining national policy unification; second, establish a set of enterprise status for public power operation in the way of establishing financing project platform company, hence avoid the restrictions of entity principle on governmental power. By these two ways, ″corporatization″ of local government realizes its systematization from a behavior, and becomes efficient system arrangement, which continuously converts economic performance to governance performance. Public power ″degrading into private law″ bypasses the up-to-bottom institutional constraint to a certain extent, the result of which motivates the autonomy of local government to develop economy and extends its economic power; on the other hand, because the constraint and supervision system is not effectively established, the risk of power being out of control increases, integrated governance mode can bring higher governance performance as well as high risk of government corruption. The concentrated reflection is that public power can switch between the dual identities of ″government″ and ″enterprise,″ so that public power can get rid of traditional control power system in the way of ″degrading into private law.″ At the same time, public power ″degrading into private law″ hinders the motivation and supervision mechanism in operation under the pattern of double principal-agents. Whether the integrated governance model can avoid the high risk of government corruption and maintain a high governance performance largely depends on the reconstitution of control and supervision mechanism. The specific strategies include strengthening power control mechanism based on the modern corporate mechanism, perfecting effective accountability mechanisms for power, forming cooperative mechanisms between the subjects of supervision, and legislating clearly public functions and market behaviors of the category ″management committee-company″ organizations. The fundamental way of realizing prevention and control of government administrative risk with the integration governance mode is changing governance legality from ″performance legality″ to ″institutional legitimacy.″ But the transition process may take a long time, especially in the current economic adjustment period. There is a large economic development pressure, it is hard for the local governments to abandon the existing development path. Thus realizing the reconstruction of control and supervision mechanism will be a persistent project in terms of the integrated governance mode.