社会信用体系建设中的自律异化与合作治理

社会信用体系是一切社会行为取得有效性甚至合法性认同的根本支撑。然而,国家的社会信用体系却不断地受到各种破坏诚信事件的干扰。这实际上是法律系统与社会生活的断裂导致了社会共识的缺乏,从而引发自律滥用的异化现象。这种异化现象的推动者是法律理性主义掩盖下的机会主义。因此,治理的出路在于修复法律系统与社会生活之间的断裂,并适度地抑制机会主义的过度泛滥,这需要国家与私人之间的合作,取得社会共识,从而为法治建设奠定基础。

Abnormal Self-discipline and Cooperated Governance in the Construction of Social Credit System

The social credit system is a fundamental support for all social behavior to obtain the effectiveness and legitimacy of identity.However,the social credit system of China has being disturbed by various events that undermine the integrity.This is actually an alienation of abusing self-discipline which is triggered by the lack of social consensus because of the fracture between the legal system and social life.The promoters of such alienation are the opportunism which is covered by legal rationalism.Therefore,the way of governance is to repair the fracture between the legal system and social life,and moderately control the excessive proliferation of opportunism.This mode requires cooperation between the state and individuals in order to achieve the social consensus and lay the foundation for the rule of law.