法律是实施社会管理的权威工具,创新社会管理的过程乃是实行法治的过程。在政治国家和市民社会分野的语境中,公法和私法一定程度上各为其主。鉴此,可以尝试从法律—权力和权利—利益的线性思维视角切入考察创新社会管理问题,即经由公法—公权—公益和私法—私权—私益的路径思考社会管理创新问题。在此思路下,基于社会系统实乃社会利益关系系统,社会管理创新的关键乃是权衡和实现不同属性的法定利益等。创新社会管理中公法和私法进行利益权衡的价值取向在于:社会管理过程中公法或公权对利益的整合机制,民事权益的实现模式与公权对民事权益的正当限制。 Law is the authoritative tool for implementing social management. The process of innovating social management is the process of implementing the rule of law. In the context of the dividing line between the political state and the civil society, public law and private law, to a certain extent, are their own masters. From this point of view, we can try to examine the issue of innovation and social management from the perspective of the law-power and rights-interest linear thinking, that is, through the path of public law-public-public-private and private-private-private welfare. Under this train of thought, based on the fact that the social system is a system of social interests, the key to innovation in social management is to weigh and realize the statutory benefits of different attributes. The value orientation of the balance of interests between the public law and the private law in the innovation social management lies in the integration of public law or public rights with the interests in the process of social management, the mode of realization of civil rights and the just restriction of public rights to civil rights and interests.