公共治理中的民粹傾向及其法治出路－－以PX項目爭議為樣本

Populism Tendency in Public Governance and Its Legal Resolutions: On the Example of Conflicts by the PX Programs

以PX專案爭議為代表的公共事件顯示出當下公共治理中存在比較突出的民粹傾向，對合理考量具體項目進退、提升民眾的公共參與能力與政府的公共治理能力、增進社會整體利益均帶來了嚴重妨害。長期以來政府對封閉式經濟決策模式的路徑依賴、專業化與組織化公共參與機制的缺失、利益複雜和分化格局下法治共識缺失，是民粹傾向愈演愈烈的根由。應基於公私融合的客觀背景，重構符合公共治理實踐需要的法治共識，以強化政府擔當為核心重塑政府公信力。應完善政府決策的立法，加強對規劃制定及變更、規劃環評的法律監管，重點完善既有法律規範中的公眾參與和信息公開制度，引入並加強社會穩定風險評估、應急治理與糾紛解決等制度，合理應對民粹傾向及行動，促進公共治理的科學、民主與法治。

The public events referring to the conflicts in the PX programs demonstrate that the obvious populism tendency exists in the public governance, which is harmful to decide whether to enforce an industry program or not, to improve the ability of public participating by people and public governing by governments, and to increase the social whole interest. The reasons include: the govemments’ path dependence on the closed decision making model, the absence of professional and organized public participation, and the absence of the common sense of the rule of law under the background of the complicate and structured social interest framework. We should reconstruct the common sense of the rule of law to meet with the needs of the public governance practice, improve the legislatures of public decisions, strengthen the legal regulations on the making and rectifying public plans and environmental impact assessment on public plans, especially improve public participation and information publicity of the existed laws, and introduce and strengthen the systems including risk assessment on social stability, emergency governance and dispute resolving, so as to deal with the populism tendency and behaviors appropriately, and to promote the public governance to be more scientific, democratic and meet with the rule of law.