契约伦理与公共行政精神——公共合同有效治理的两个维度

公共合同的本质在于政府与缔约对方以合同为纽带,在向公众提供服务的过程中明确各自所享有权利和应承担的义务。在公共合同中,作为契约一方的政府官员,既有官职又是合同的参与者。前者是一种垂直的、以等级权威作为基础的政府行为模式;后者则是平行的、以商业交易中的谈判为基础的行为模式。管理公共合同的政府官员要在纵向和横向的交叉点上运作,既要坚守契约伦理,又要持守公共行政精神。

Contract Ethics and Public Administrative Spirit The Two Dimensions of Effective Governance of Public Contract

The essence of public contract is that the two parties of the contract could define their own rights and obligations clearly in the process of offering services to the public.In public contracts,the government officials as one party of the contract not only have both official titles but also are the participants of the contract.The former role represents the vertical hierarchy-based government action mode,while the latter role stands for the horizontal behaviors pattern based on negotiations in commercial transactions.The government officials who manage public contracts should operate on the cross-point of their vertical and horizontal roles.They should not only adhere to the contract ethics,but also comply with the public administrative spirit.