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公共治理作为当代具有强大影响力的公共管理思潮,已在全球范围内普遍兴起,它的理论基础在于政府、市场与公民社会的三边互动关系。软法是公共治理不可缺少的制度之维,它与公共治理共同兴盛,发挥着传统硬法不可替代的作用。本文分析了软法在公共治理中的作用机制,提出强化软法在创制过程中的正当性、增强软法在实施过程中的透明性、发挥软法应对和处理社会公共问题的灵活性是推动公共治理模式确立的关键。
As a modern trend of public administration with strong influence, public governance has been generally raised worldwide. Its theoretical basis lies in the trilateral interaction between government, market and civil society. Soft law is an indispensable system of public governance, which is jointly prosperous with public governance and plays an irreplaceable role in the traditional hard law. This paper analyzes the mechanism of the role of soft law in public governance and puts forward some suggestions to strengthen the legitimacy of soft law in the process of creation, enhance the transparency of soft law in the process of implementation, and promote the flexibility of soft law to deal with social public issues The key to the establishment of public governance model.