“一体多面”：中华帝制时期的国家—社会关系再研究

关于中华帝制时期国家与社会的关系特征国内外学术界提出了诸多理论概括,诸如“士绅自治”“吏民社会”“官民合作”,等等。本文从行政发包制理论的视角重新审视关于中华帝制时期国家—社会关系的现有理论概括,借助“行政外包”这一分析概念,强调特定的治理领域特征与行政外包的具体形态之间的对应关系,进而揭示国家与社会互动关系的运行机制和内在逻辑。本文试图提出“一体多面”的概念,重新概括中华帝制时期国家与社会关系的总体特征,为理解中华帝制的“权力一元性”与“治理多样性”的奇妙结合提供新的观察视角和分析框架。     

连带式制衡：基层组织权力的运作机制

本文揭示了中国基层组织在非正式或半正式治理实践中的内在机制及其社会基础和价值基础。研究发现,村级组织在国家权力体系中的位置构成了乡村治理的部分外部条件和压力,具有普遍性的半正式治理实践中的村级组织权力的运作则根植于乡土社会。乡村治理中,村组干部将各种正式与非正式的资源统筹配置、捆绑连带,主要通过利益和情感等连带方式来规制村民,以完成其治理目标,村民同样也将其需要履行的各种义务与应该享受的各项权利捆绑连带,并主要以责任连带的方式对村组干部实行反制。正是这种治理中双向的连带关系使得干群之间的权利义务达到总体平衡,并保证了乡村社会秩序的形成,笔者将其归结为“连带式制衡”。乡土社会的不规则或规则的多元化是连带式制衡的社会基础,与西方有所差异的中国农民的“捆绑式的权利义务观”则构成了基层组织权力运作的价值基础,两者共同支撑使得“连带式制衡”成为基层组织权力的常规化运作机制。     

The Rule of Law Approach to Government Governance in China*

Chinese government governance involves the two dimensions of autonomy and co-governance. The process of moving from government management to government governance is a synchronous process of moving from government by a legal system to a “rule of law” government. Such governance coincides with the rule of law in terms of fundamental guarantees, governance frameworks, intrinsic values, external forms, goal pursuits and construction paths and lays the foundation for the realization of government governance. The multi-subject structure, multiplicity of rules and regulations, interaction of processes, diversity of modes and complexity of disputes in this form of governance place new demands on the construction of the rule of law. In response to these needs, we should improve the government’s functional orientation and the disposition of its powers by means of statute law; expand the types of administrative bodies and improve the laws on administrative organizations; enrich the sources of law; use consensus rules to improve controlling rules; be guided by interactivity in improving the administrative procedure system; normalize diversified administrative behavior; and establish multiple dispute resolution mechanisms and strengthen right relief. This will highlight the rule of law path taken by government governance. In the course of the integration and interaction of such governance with the rule of law, we will need to coordinate our responses to its latent risks, such as governance pitfalls and the limitations of the rule of law.     

A Community of Shared Future for Mankind—The Contemporary Development of the Social Foundations Theory of International Law*

In the traditional understanding, the social basis of the emergence and existence of international law can be summed up as an international society in which interstate conflict and cooperation and interests and contradictions coexist. In recent years, the term “international community” has been widely used in national practice and academic discourse. Many scholars believe that the development of interstate relations indicates that the international community is being transformed into a global international community. The concept of “a community of shared future for mankind” reflects China’s new understanding of the social foundations of international law. It introduces Chinese traditional culture into global governance, develops Marxist theory on the community, is concerned both for mankind as a whole and for individuals, highlights the ultimate issues of the international community, and emphasizes the international community’s union of diversity and interdependence. The idea of “a community of shared future for mankind” is of great significance for the theory and practice of international law; it reflects the emergence of methodological holism, the response of international law to the questioning of its legitimacy, and the trend toward hierarchical systematization in international law. The concept of “a community of shared future for mankind” is of great value to China’s participation in the reform of the global governance system. It will help promote appreciation of the relations between China and the world, enhance China’s international discourse power and discourse force, and promote the rule of law in international relations that China advocates.     

生态移民过程中的政府、市场与家户

通过对内蒙古S旗的实地研究，我们发现生态移民政策的实践过程是一个由中央政府、地方政府、市场精英、农牧民等多元社会行动主体共同参与的社会过程。在复杂互动关系的背后是由政府力量、市场力量以及地方民众所形成的权力和利益网络。自上而下的生态治理脉络中，地方政府处于各种关系的连接点上，其集“代理型政权经营者”与“谋利型政权经营者”于一身的“双重角色”，使环境保护目标的实现充满了不确定性。     

The Role of Consultative Democracy under the Constitutional Framework and the Associated Rule of Law*

The logical sequence of China’s state governance is “governing party—consultative conferences—people’s congresses—the people.” The “governing party—consultative conferences” link in the chain involves political consultation through people’s consultative conferences. The “governing party—consultative conferences—people’s congresses” link involves a process of obtaining legitimacy for the Party’s views based on political consultations which are then translated into the national will by the system of people’s congresses. The “people’s congresses—the people” link involves the two-pronged logic of elections and governing the country according to law. The “governing party—the people” link is an illustration of the party’s mass line, which essentially involves social consultation. Consultative democracy usually includes the political consultation in the “governing party—consultative conferences” link and the social consultation in the “governing party—the people” link in the chain, both of which are connected through the system of people’s congresses. This logically determines the inner relations between the Party’s leadership, consultative democracy and the people’s congress form of representative democracy and shapes the institutionalization of consultative democracy. That is, in the process of democratic decision-making, a circular system consisting of “political consultation—legislative consultation—social consultation” is created to guide development of the actual system.     

Order in Transitional China and Its Institutional Logic

The development of order in transitional China is not merely a matter of institutional supply, but also a matter of defining the state’s special roles and functions in the transition period. Since reform and opening up, China has sought to realize the twin governance aims of high speed development of the socialist economy and maintenance of stability, which require that the state simultaneously undertake the dual roles of modern government and national capital. The consequent adjustments to the governance structure are expressed in the state’s devolution of power to the market while reserving government pricing power; devolution of power to local governments while reserving power over central tasks; and affirming social rights while reserving the power to approve social organizations. At the institutional level, the externalities produced by this “quasi-decentralized governance structure” are marked by the shrinkage of arrangements for collective welfare, the absence of mechanisms for routine security in ordinary life, and the development of mechanisms that allow the government to profit from the market. This may result in the instrumentalization of government functions and the capitalization of public power, producing imbalances in the distribution of social rights, wealth and risk, or in other words, social instability.     

From “State and Society” to “Institutions and Life”: A Shift in the Study of Social Change in China

Abstract

The term “institutions and life” is proposed as an alternative perspective to “state and society.” Here, “institutions” refers to formal institutions set up in the name of the state and supporting its agents at various levels and in different departments in the exercise of their functions. “Life” refers to the everyday activities of social beings, involving not only the interests, powers and rights-based claims of expedient production and life strategies and techniques, but also relatively routine popular mores and informal institutions. The purpose of constructing and applying this perspective is to probe the complex mechanism of the interaction between living subjects and the agents of formal institutions in institutional practice and thereby analyze the actual logic and changing direction of China’s formal institutions and explore the mechanisms behind changes in mores so as to grasp the main thread running through China’s modern nation building.     

A Sociological Analysis of the “Strong Central,Weak Local” Pattern of Trust in Government: Based on Three Stage Tracking Data after the Wenchuan Earthquake*

Individual and community social capital have had a significant impact on the gap between trust in higher-level governments and trust in local governments. A model including data from thirty villages gathered after the Wenchuan earthquake discovered that “the size of the Spring Festival (Chinese New Year) greeting network,” “the size of the official network at/ above township level,” and “trust in fellow villagers” all had a considerable negative effect on the gap between trust in higher-level and local governments. Building individual and community social capital is conducive to establishing a balance between trust in different layers of government; individuals and communities who cooperate with each other have more channels for solving their economic and livelihood issues. Social capital can lead to a significant improvement in the effectiveness of resource matching and utilization involving governments and other sectors of society as well as increasing interaction with government. This can enhance trust in local governments and narrow the gap between trust in higher-level and local governments.     

Effectiveness of Local Governance: Interactions Between Social Capital and Institutional Structures

This paper critically evaluates the debate on what makes local governments more effective, higher social capital (such as trust, reciprocity, and informal social networks) or stronger institutional structures (such as democratic processes, ombudsman, and social audits). Empirical analysis of a decentralized welfare scheme in India, the Andhra Pradesh Rural Employment Guarantee Scheme (APREGS), using the latent variable path analysis modeling approach reveals that creation of formal democratic institutional channels in itself does not impact governance performance. Rather, it is mediated by complex institutional and social capital issues. For example, formal information dissemination activates social capital, leading to effective local governance. However, this (higher social capital and better institutions) does not automatically lead to empowerment or trust in the local government. The influence of the economically and politically powerful mediates this relationship. These and other results, cumulatively, highlight the complexity involved in the effectiveness of government empowerment initiatives. The paper calls for a fresh and wider debate on decision‐making dynamics in rural India, especially the interaction between government institutions, social capital, and the historical societal dynamics.     

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。     

土地精英的阶层化与村庄政治--基于河北省宋村沙场调查

强势的发展主义正在替换乡村社会自生的运作逻辑,并相应地改变了村庄的社会结构和阶层形态。凭借土地商品化机制及各种策略性手段,宋村的权力精英逐渐异化为土地精英。经由人员的吸纳与物质的聚合,土地精英由个体化导向阶层化。土地精英阶层不仅改变了村庄内部阶层发育的常规逻辑,而且日益对村庄政治系统发挥影响,并不断增加村政治组织的分利化倾向。宋村相应的治理形式由先前的“无为之治”转变为“分条治理”。村庄结构也由于土地攫取成为依附式的稳定结构。看似稳定的背后,其实是以消解村庄共同体的长远利益为代价。从此角度看,土地精英阶层不能不察。     

The immense and continuing challenge of urban governance: Developments in Australia and across Greater China

The article describes the long history of urbanisation, including developments in four jurisdictions – three in Greater China (the People's Republic of China, Hong Kong and Taiwan) and Australia. While each has its own history, all now face challenges associated with continuing urbanisation and the growth of very large cities. There are broadly similar economic forces at work, but differences in scale and differences in the “growth machines” involved and the institutional arrangements within which urban governance operates. The article explains the growing importance internationally of urban governance and the growing interest in the “performance” of cities. The authors then set out two case studies describing developments in urban governance around Shanghai and around Sydney. In both cases, the scale of big city growth is demanding both horizontal and vertical coordination, and processes that facilitate citizens and civil society participation. While the very different institutional arrangements in these jurisdictions have led to different urban governance arrangements, there are common challenges that have led to some common governance developments such as having a lead government with citywide and comprehensive public service responsibilities, and also having the national government play an increasingly active role in support.     

Extension of social insurance coverage to informal economy workers in China: An administrative and institutional perspective

This article reviews administrative issues in the context of decentralized social protection in China. In particular, what are the main obstacles to expanding social insurance coverage for workers in the informal economy? Over the last two decades, China has achieved remarkable progress toward universal social protection when this target was set as a national policy priority. However, the social insurance enrolment of informal economy workers still lags significantly behind. This article reviews the application of the International Labour Organization’s definition of informality in the Chinese context and overviews existing pension and health insurances in China. This article discusses the impact of China’s inter‐governmental fiscal relations and decentralized social protection in the multilevel government system. The article highlights that under a system of decentralized managed social insurance many informal economy workers choose to opt out of the system because of low benefits and high compliance costs. This result in deficits in social insurance coverage amongst informal economy workers.     

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.     

The Political Impetus behind the Construction of Anti-corruption Institutions in Developing Countries: An Analysis of the Process Leading up to India’s Lokpal and Lokayuktas Act (LALA)*

Existing anti-corruption theories adopt “state-centric,” “market-centric” or “governance/ good governance” approaches as their dominant research direction. These theories are grounded in Western systems of liberty and democracy and their analysis is couched in terms of the logic of the division between public and private, which makes it difficult for their proponents to gain an insight into the unique experience of developing countries. The process behind India’s Lokpal and Lokayuktas Act (LALA), starting from 2010, shows that developing countries may have another anti-corruption route: a composite tripartite anti-corruption model. In this model, the government, the elite and the mass of the people constitute the three main players in the anti-corruption drive. The three forms a complex multi-faceted relationship premised on compliance with bottom-line standards and the use of positive interaction in a dynamic balance that advances the construction of anti-corruption institutions. Summing up the experience and synthesizing the theory of this model will not only help us explore a new anti-corruption approach but will also stimulate our thinking about the unique state-society relationships of developing countries and the political impetus underlying their institutional construction.     

Third Way Social Governance: Where is the State?

The ‘Third Way’ politics of Blair's New Labour government of the United Kingdom has popularised a number of policy reforms centred on a supposedly new discourse of ‘devolution’, ‘inclusion’, ‘partnerships’ and ‘community’. These notions reflect a re‐emergence of the ideas and values of civil society, participation and localism. Key drivers of this discourse are: new conceptions of citizenship; a retreat from the social state to a politics of community; and a questioning of both ‘big‐state’ interventionist and competitive market approaches to public policy. These trends have resonance in the Australian context. The welfare reform agenda of the Australian Commonwealth government together with community building and engagement initiatives of State governments have been sites for these policy directions. Much of the debate surrounding these policies excludes or minimises the fundamental role of an active state by focusing on an uncritical conception of community. Drawing on the notion of network governance, an alternative framework for re‐conceptualising state‐community relations and delivering improved community outcomes is posited. The paper concludes by suggesting possible social governance methodologies for actioning this framework.     

Networks,case managers,and the job-search experiences of unemployed people

Employment services are commonly provided in network settings, but it is rare to find social policy analyses of how unemployed people search for jobs through networks. In a germinal analysis of social networks and employment, Mark Granovetter argued that “weak ties” (less familiar contacts) are more important to finding employment than are “strong ties” (family and friends). This is because weak ties provide more novel job-relevant information. Scholarship since Granovetter has predominantly supported the opposite argument, namely, that strong ties are more important for the unemployed, because they are more plentiful and thus provide more information in aggregate. Findings are also generally coloured by the focus being on “informal” networks or personal contacts. “Formal” networks, as represented most cogently by employment service providers, are absent or underestimated in most social network studies. On the basis of a qualitative study of 80 long-term unemployed people in Australia, incorporating analysis of both informal and formal networks, we argue that although “strong informal” ties are vital to job search, it is also important to consider “weak formal” ties, which can be complementary if and where service organizations are able to supply positive case management experiences.     

企业社会资本的概念与测量：一个综合理论分析框架

本文采用“网络闭合”和“结构洞”两种社会资本的理论视角,提出“信任”和“网络位置”是企业社会资本的最主要特征的观点,并从组织和群体两个层面及企业内部和外部两个部分对企业的社会资本测量进行了分析。在本文所提出的企业社会资本测量的分析框架中,在组织层面上,将企业看作是网络中的节点,关注企业的正式关系以及网络结构特征;在群体层面上,将企业社会资本看作是企业“班底”的内部信任程度以及在他们在人际关系网络中的位置。     

The Practical Logic of the Comintern from the Perspective of World Revolution

As a “World Communist Party” organization, the Comintern was profoundly influential in the history of the international Communist movement. The Comintern was established on the theoretical foundation of the theory of world revolution, but it underestimated how long that would take. Despite being the unified organizational vehicle of the “World Communist Party,” the Comintern underestimated the complexity of relations between itself and each country’s Communist Party, among these national Communist parties, and between Communist and social democratic parties. A classic example was the fact that although the Comintern developed close relationships with the Communist Party of China (CPC), it underestimated the particularity of Chinese revolution.