权利的另一个成本:国家认证及其西方经验

国家认证的西方经验表明,认证是权利的另一种成本,是建构良好的法治和治理秩序的必要条件,是一项政府应该提供的公共物品。国家认证的公共性,体现在它几乎是所有国家制度的前提,因此堪称国家治理体系的"基础的基础"。在建设法治国家、税收国家、福利国家和监管国家的过程中,现代国家需要不断增强其认证能力,让多数人进入认证体系,从而加快国家基本制度建设的进程,提升法律与政策的有效性,最大限度地降低国家沟通国民的中间成本,逐步实现关注绝大多数人的期望并为绝大多数人服务的良治状态。认证这种"治理术"在发达国家的制度化和例行化,应当为追求民主法治的人们所正视。

Another Cost of Rights: State Identification and Its Western Experience

The Western Experience of State Identification shows that identification is another cost of rights,a prerequisite for constructing the rule of law and good governance.Identification is the most infrastructural public goods that should be supplied by the government,and its publicness comes through in that it almost is a precondition for all state institutions,so it can be called the most infrastructural power of national governance system.In the fourfold-building process of one country under the rule of law,a state rule by law,a tax state,a welfare state and a regulatory state,a modern state increasingly needs to enhance the state identification capacity,so that the majority can be involved in the state identification system,which in turn will accelerate the process of statebuilding,make law and policies more effective,minimize the intermediate cost of communication between states and individuals,and eventually realize good governance by focusing on the expectations of the majority and serving for the majority.The people seeking a strong democratic country under the rule of law must face up to the fact that identification as a kind of governmentality has been institutionalized and routinized in advanced industrial democracies.