公共規制的知識基礎

Knowledge Base of Public Regulations

在公共規制過程中，規制者占有規制知識的多寡，是公共規制能否實現既定目標的關鍵。規制知識包括規制事實知識、規制價值知讓和規制方法知識，規制者、規制知識、規制行動之間存在著密切的關聯：規制者應當擁有相應的「知識能力」，規制行為的發生以規制者占有足夠的規制知識為前提。公共規制在實踐中逼遇的失敗，大都與規制知識的失靈有關。Whether public regulations are consilient with the market and social needs depends on the amount of knowledge such as regulation objects, regulation goals and regulatory ways the regulator has mastered. There are structural correlations among regulators, knowledge of regulation and the regulation actions. The premise of regulatory actions in that the regulator has mastered enough knowledge of regulation. Thus the regulator (or the knowledge possessor) should be persons with professional knowledge and special ability, or persons who have received special training. The knowledge of regulation can be classified into three kinds, namely, the knowledge on the fact of regulation, the knowledge on the value of regulation and the knowledge on regulatory ways. Actually, the failure of public regulations is related to the failure of using the knowledge about regulation. The main contents of performance evaluation on public regulations from the perspective of knowledge are as follows: changing regulatory agencies, granting regulatory power to the regulators directly facing the regulatory facts, institutionalizing regulatory value and mass participation, taking various regulatory means and stressing the evaluation of regulatory performance in accordance with different regulatory object.