State Audit in the Modernization of National Governance: Institutional Guarantees and the Logic of Practice

The national audit is produced and developed to meet the objective requirements of national governance, and is a basic institutional arrangement within the governance system. In terms of its institutional attributes, legal status and functions, the national audit is the cornerstone of national governance and an important guarantee driving the modernization of governance. In this new historical era, the national audit needs to be appropriate to the new situation and new requirements of comprehensively deepening reform and enhancing the rule of law. We must accelerate the improvement of the audit system, enhance the breadth of coverage of audit supervision, comprehensively increase audit capacity, give greater effect to the functional role of audit and boost the modernization of the national governance system and governance capability.     

风险社会与国家治理现代化

我国目前正处于重大的社会转型期即风险社会之中。中国进入风险社会有四个主要标志：政府作为社会治理或公共治理的中心,其公信力在不断下降;中国出现了公共机构有组织的不负责任现象;＂理论的不在状态＂和＂现实的不在场＂;主体意识或个体意识的崛起。中国进入风险社会表现为四个基本的、深层次的社会结构性紧张：利益结构的紧张、制度结构的紧张、文化结构的紧张、价值结构的紧张。风险社会只是一个表象,根本原因是四大深层次的社会结构性矛盾没有解决。中国学术创新的关键就是要研究社会的结构性矛盾或结构性紧张,找出其形成的规律,从根本上消除阻碍社会主义发展和国家治理现代化的深层次根源。     

A National Governance Perspective on the Transformation of Rural Property Rights: The Chinese Experience*

Property rights have multiple attributes, and these are correlated with national governance. In the West, property rights have the economic function of maximizing efficiency and the political function of rights protection, but in China, they also have a strong social character. With the modernization of national governance, these functions interact with and transform each other. When the state’s ability to supply public goods is relatively weak, property rights take on more of a social character, meeting public demand for welfare at the grassroots level. When the state is better able to provide public goods, the social function of property rights lessens as their economic function grows. The social character of property rights was the institutional foundation for China, as a huge agrarian state, to realize “governance through inaction,” and at the same time was the secret key that could break the code to the millennial continuity of Chinese agrarian civilization. Reforms including the collectivization of rural property rights after 1949, the “separation of two rights” (to collective ownership and household contracted land, with a focus on the latter), and the “separation of three rights,” (to collective ownership, household contracts and revitalized land management). These changes constitute a process in which the economic function of property rights has been growing while their social character has lessened under conditions of national governance modernization.     

Construction of Chinese Judicial Power from the Perspective of National Governance

The Chinese national governance system includes the Party’s governing system, the People’s Congress system, the administrative system, the court system and the procuratorate. Judicial power is neutral, passive, independent and final, features that reflect the irreplaceable nature of its role in national governance. The growth of judicial power is diachronic, complex and evolutionary, which means that its construction will be a tortuous and difficult process. Given the limitations of the functions of judicial power in China and their immediate results, we should fix our gaze on the construction of a socialist country under the rule of law and the optimization of the structure and functions of our national governance system by taking checks and balance as the principle in the allocation of judicial power, taking rights protection as the heart of the operation of judicial power, taking harmonious operation as the standard for guaranteeing judicial power, and cultivating legal culture as the foundation supporting judicial power. In optimizing national governance itself, we should strengthen its functions of adaptation, integration, goal attainment and latency.     

Global Governance and State Governance: Two Strategic Considerations in Contemporary China

Governance is a kind of holistic governance and the notion of governing holistically should be established. The holisticity of governance is reflected in the unity and coordination between value rationality and instrumental rationality, normative appeal and practical appeal as well as global governance and state governance. Global and state governances are two strategic considerations in contemporary China. Actively participating in global governance and rationally promoting state governance is the rational choice of contemporary China, which plays a unique and significant role in realizing the social transformation and national rejuvenation and modernization of contemporary China. Deepening state governance with the help of global governance and promoting global governance with the support of state governance is the basic idea and dimension of understanding and grasping the interaction, coordination and overall planning between the two. The restrictions and effects of global governance on state governance are mainly reflected in such considerations as objects, mechanisms, concepts and interests of governance, and modernization of state governance system and improvement of governance capacity can promote and deepen global governance in a more effective way.     

建构具有中国特色社会主义的国家治理体系

自党的十八届三中全会后,“国家治理”这一概念正式进入当代中国的政治话语体系。准确深入地探讨国家治理的概念内涵,将建构现代国家治理体系与社会建设事业同步进行,不仅是我国克服社会转型发展问题的必然路径选择,更是我们在总结、借鉴国际经验与反思改革实践中不断实现自我超越,凝炼我国社会的公共价值共识、建设社会主义现代国家的内在要求。     

国家治理现代化进程中的社会治理创新

国家治理概念在近几年的学术研究中时时出现。将国家治理与现代化结合起来,将国家治理现代化作为一个国家改革攻坚阶段的重大战略是执政的中国共产党启动新一轮思想解放运动的标志。国家治理现代化是在扬弃旧式现代化之后探寻的中国特色社会主义建设之路。国家治理现代化不仅让改革具有了新的意义,而且赋予社会治理创新全新的性质,规定了未来中国式社会治理的新体系。     

The Influence of Global Governance upon State Governance*

The constant deepening of globalization is bringing all countries into the same global village, and intensified the coordination, interaction and mutual checks of global and state governance. Global governance advocates the whole of the interdependent destiny and common interests of mankind, and the extension of shared national responsibilities, challenges and risks to the whole globe instead of restricting them to certain regions or countries. Global governance is increasingly exerting a profound influence upon state governance in many respects, among them values, concepts, mechanisms, structures and actors, and is giving an external impetus to the modernization of state governance.     

Governance Change and Political Identity in the Internet Age

The advent of the Internet era has triggered profound changes in national governance, and the profound complexity and highly uncertain nature of governance have imposed new requirements on political identification in the new era. Whether seen environmentally from the point of view of the governance environment or from the point of view of the subjects and structures of governance, the changes brought about by the Internet to national governance have challenged political identity. Therefore, in response to the challenges to political identification posed by changes in Internet governance in the context of the new era, it is necessary to reconstruct new bonds for the political identity of the mass of the people by promoting the modernization of Internet governance on the basis of maintaining a firm grip on domination of cyberspace ideology: implementing integrated governance to achieve developmental identity; strengthening service-oriented governance to build subject identification; and promoting responsive governance to enhance sustainable identity.     

海洋生态安全现代化治理体系的构建

随着人类海洋活动的增加,海洋生态安全问题日趋严峻,已成为国家战略性问题和海洋可持续发展的核心。我国海洋生态安全问题主要表现在:海权纷争、污染严重、灾害频发、生物多样性锐减等诸多方面,海洋生态安全意识、价值观、法律、规划、科研资金投向的不合理,是导致这些不安全因素的主导原因。海洋生态安全治理已成为国家治理的重要举措,维护我国合法的海洋权利和权益,实现海洋事业稳定发展,必须要以软治理为保障,促进硬制度的顺利实施,构建一个包括治理目标、治理理念以及治理路径的"软硬结合"的海洋生态安全现代化治理体系。     

The Implications of State Governance for Effective Global Governance

Since the Third Plenary Session of the 18^th Central Committee of the CPC put forward the goal of modernizing the state governance system and state governance capacity, research on state governance theory and practice has taken off in the Chinese academic community. However, very little research has been undertaken on the relationship between state governance and global governance. In an interdependent world where domestic and international boundaries are becoming ever more blurred, state and global governance are not just mutually connected and consistent; they also influence and constrain each other. This paper looks into the influence of state governance on global governance in terms of the differences and internal linkages between state and global governance, arguing that enhancing governance capacity is an effective way for China to participate in global governance, promote the transformation of global governance system, wield its influence as a major power, and boost its right of discourse.     

The Rule of Law Model of Internet Governance*

The rule of law is the basic form of national governance and the rule of law model is the necessary direction for the governance of online society. Online society is in essence a new pattern of social relationships and structural forms comprising relationships among citizens, legal persons, organizational bodies, etc., formed and brought together on the basis of Internet technology; and also a reflection, expansion and expression, singly or in synthesis, of various relationships in the fields of the real economy, politics, culture, society and the environment. The rule of law model of Internet governance refers to governance theories, systems and practices that employ rule of law thinking and the rule of law model to bring the elements, structures, procedures and functions of Internet governance into the scope of the rule of law and its operational track. Reviewing the tortuous course of the development of rule of law Internet governance in China, summarizing useful experience in the construction of rule of law Internet governance, and reflecting on existing legislative, law enforcement and judicial dilemmas will enable us to build up a rule of law system of online governance with comprehensive norms, effective implementation, strict supervision and strong guarantees. This will be marked by Chinese characteristics and will ensure the application of rule of law thinking and the rule of law model in governing, operating, using and safeguarding the Internet, thus achieving sound and orderly Internet operation and development along the path of the rule of law and advancing the modernization of the Internet governance system and governance capability.     

The Chinese Logic of Consultative Governance

Contemporary China needs to change from a Western to a Chinese-style governance discourse so as to form and explore a consultative governance discourse with Chinese characteristics. This is profoundly evident in the following: the Marxist philosophy of the state is the theoretical premise of contemporary China’s consultative governance; traditional Chinese thought on governance and practice are the soil in which contemporary Chinese consultative governance grows; socialism with Chinese characteristics is the realm in which contemporary Chinese consultative governance exists; the masses under the leadership of the CPC are the necessary subjects of contemporary Chinese consultative governance; and the target of contemporary Chinese consultative governance is a multi-layered and diverse existence. Realization of national governance through consultative democracy is the basic form of contemporary Chinese consultative governance; the balanced development of public, collective and individual interests is the basic objective of contemporary Chinese consultative governance; the basic principles of contemporary Chinese consultative governance are equality, inclusiveness and peace; and the criteria for assessing contemporary Chinese consultative governance are authority, consensus, institutions and the rule of law. Guided by the Marxist view of the state, rooted in the tradition of China’s fine political culture, and founded on the theoretical and practical claims of socialism with Chinese characteristics, socialist consultative governance with Chinese characteristics constitutes the Chinese form of contemporary governance theory.     

构建人类命运共同体与国际治理人才培养

当今世界面临百年未有之大变局,逆全球化思潮、保护主义、区域主义和单边主义愈演愈烈,多边机制受到严重冲击,加强全球治理、推进全球治理体系变革势在必行。习近平总书记构建人类命运共同体的重要思想,是我国引领时代潮流和人类文明进步的鲜明旗帜,是对国际社会的重要贡献。推动构建人类命运共同体是一项伟大的系统工程,需要加快国际治理人才的培养。国际治理人才不仅需要较强的语言能力和渊博的专业知识,而且更需要自觉的家国情怀、崇高的理想抱负和真正的全球视野。需要从国家层面制定相应的政策和措施,重视国际治理人才的培养,更要重视国际治理人才的使用。     

改革深水区个体极端暴力事件应对与社会治理创新

中国改革进入深水区后个体极端暴力事件呈高发态势,暴露出的是政府与社会关系长期疏离致使社会进入转型期后一些社会个体境遇问题愈益突出和复杂,而基于传统管制思维的公共危机管理应对乏力。治本之策是立足“以人为本”,从国家治理体系和政府治理能力现代化层面推动创新社会管理向创新社会治理转变,构建善治意义上的治理服务型政府,通过改进社会治理方式解决公共安全问题,为民造福。     

China's Approach to Dealing with Crisis and Change in Global Governance

The outbreak of the financial crisis in Europe and America in 2008 was a landmark event in the history of global governance. It showed that the international system and governance mechanism was unable to adapt to the new global situation or solve the new challenges and problems caused by the rapid development of globalization. Global governance needs to explore new ideas, new paths and new strategies. However, to advance the transformation and development of global governance, in-depth cooperation by the great powers is not all that is involved; also inevitable are the redistribution of international power, interests and responsibilities, contradictory global concepts and fierce competition among the great powers. The next five to ten years are a key period both for the transformation and development of global governance and for China's full-scale rise. The latter is not only a process of China's integration into the global governance system but also a process whereby China influences global governance reform. China should seize the opportunity of the global governance crisis and changes to promote benign interaction between China and the world and should become an advocate, designer, shaper and leader in the improvement of the global governance system, focusing on the construction of national governance, the governance of East Asia, global governance and the governance of certain advantageous fields. Its active assumption of the historic mission of the new era of globalization has laid a solid foundation for China to grow into a great major country.     

On the Status and Function of Judicial Justice in Social Governance Innovation

Social governance innovation is a basic requirement of China's socialist construction, and an important guarantee that people can live and work in peace and enjoy long-term stability and order. Strengthening and innovating social governance has great significance for the modernization of the national governance system and governance capacity, and this is where judicial justice plays a unique role at the level of government, society, and the individual. That is, judicial justice is the key to transforming governmental functions; the guarantee of a new-type social construction; and the guide to upgrading autonomy at the grass-roots level. To achieve judicial justice, we must popularize the idea of the rule of law, improve judicial work style and innovate judicial institutions.     

技术治理的悖论:一项民意调查的政治过程及其结果

技术治理的逻辑是通过识别和处理源源不断的问题进而把社会呈现在国家面前。它能够完成其使命吗？本文以S市C街道2014年至2016年的连续民意调查为经验对象,系统阐述民意调查为何表面上是一个统计学过程,实质却是由权力运行支配的政治过程。分析表明,在将复杂民意化简成民调数据时,技术只能保证化简程序的严谨性,化简方向则由操作者决定。民调项目的规定性源自基层权力结构,又被转移到对复杂民意的筛选、压缩和量化过程之中,生成指标体系。据此,本文揭示了技术治理的悖论--国家通过技术之眼观察社会时,看到的可能是自己的影子。     

Legal Mechanisms for the Joint Governance of Public and Private Rights

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.     

文件治理中的政策采纳及其影响因素研究:基于国家和省级政府政策文本(2008—2018)数据

“文件治国”是中国国家治理的基本表现形态，不同中央政策在各地被采纳与实施的情况也是国家治理问题的核心研究议题。本文尝试突破以往政策扩散研究多只关注特定单项中央政策在各地扩散过程的局限，结合长时段大样本农村政策文本数据，对中央政府2008—2018年发布的多项农村政策在各地的扩散过程进行实证分析，相对系统地考察了中央层面的行政压力和经济激励，以及地方层面的执行能力和内在动力等因素及其交互作用对政策采纳的影响，进而对中国正式政策文件运作的基本过程和内在机制进行探讨。研究显示，自上而下的行政压力越大，经济激励越大，地方层面的执行能力越强，地方政府采纳中央农村政策的概率就越容易显著增加。从交互关系来看，中央政府对农村议题重视程度的提高会减小不同执行能力省份的政策采纳差异，也会减小不同经济激励政策的采纳差异。