摘要
商业保险协同社会治理的正当性,可归结为实现商业保险的社会功能、回应福利多元主义、贯彻服务行政的基本理念三方面.两者协同已发展出在商业保险中融入社会保障因素或政策性目的,在社会保障中引入商业逻辑或通过政府购买商业保险服务等方式实现社会保障的私有化改革多种实践模式.但由于商业保险的治理能力与政策扩张间存在割裂、公权力对协同的过度介入、协同规制难以回应公私法杂糅等因素,商业保险协同社会治理呈现难以体系化的困境,主要表现为协同的碎片化、形式化以及偏离化.应确立平等共治的基本理念,围绕着协同激励优化机制,并区分协同的不同阶段构建分层制度约束,以实现商业保险体系化地服务于以共建共治共享为宗旨的国家治理现代化建设.
Abstract
The theoretical basis of the collaboration between commercial insurance and social governance can be attributed to three aspects:realizing the social function of commercial insurance,responding to welfare pluralism,and implementing the basic concept of service-oriented administration.Their collaboration has developed into various models,including the introduction of solidarity elements and public aims into commercial insurance,as well as the introduction of commercial logic into the social security system and the privatization of social security.However,the collaboration between commercial insurance and social governance faces a certain dilemma.This is due to a variety of reasons,including the fragmentation between the governance capacity of commercial insurance and the rapid expansion of social governance policies,the alienation of the application of collaborative governance under the domination of public power,and the difficulty of regulating legal relations to respond to the mix of public and private law.As a result,the collaboration between commercial insurance and social governance is fragmented,ostensible,and has an unbalanced structure.Therefore,it is necessary to introduce the principle of equality in collaboration,to provide more incentives for commercial insurers to participate in social governance,and distinguish different stages of collaboration to regulate the behavior of commercial insurers and the government.By doing these,commercial insurance could systematically better serve the goal of modernizing social governance.
维普
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