中国公用事业民营化:基于契约的治理

近年来,强调公私伙伴关系的民营化模式在我国公用事业改革中颇为流行。市场机制在公用事业治理中的引入,在政府、企业与民众之间形成了3种契约关系,其中以政企契约关系尤为重要。政企之间特许经营合同具有行政契约性质和不完全契约性质,由此导致了政企契约关系的治理难题。我国公用事业民营化中契约治理存在认识和制度规范方面的缺失,实现规范契约式治理是顺利推进公用事业民营化的关键所在。

The Privatization of Public Utilities: Contract-based Governance

The privatization model emphasizing the public-private partnership has recently become popular in the reform of public utilities in China.With the introduction of the market mechanism,the relations among the government,the enterprises and citizen-customers are reshaped by the contracts.The contract-based relation between the government and the enterprises is the most important in the process of privatization.But the current contracts are administrative contracts in terms of the law,and incomplete contracts in terms of economic transactions,which have resulted in the problems of governance in privatization.The paper analyzes the governance of privatization of public utilities in China and concludes that contract-based governance is the key to successful privatization.