| 摘要 |
The market regulator shall address a major issue regarding how to establish a market regulation system which conforms to the requirement of developing a unified, open, competitive and orderly modern market system. For this purpose, this paper proposes the regulatory approach of combining the strength from government, market and society to jointly implement the market regulation through social co-governance. Besides, this paper also demonstrates the rise and reconstruction of regulatory state, and discusses the features of regulatory state in the context of China. Furthermore, this paper suggests that the effective market regulation needs to focus on the commonality of regulatory objectives, diversification of regulatory methods, regulatory transparency & accountability, and diversification of regulatory body, and other factors. Moreover, this paper also discusses the social control system under the effective regulation, and proposes the “Multi-Subject Co-Governance” pattern within the market field. Such “Multi-Subject Co-Governance” pattern shall not only include the active engagement of public administration authority, but also include the active engagement of social organizations and individuals. Meanwhile, it shall not only include the command, enforcement and other formal regulatory methods used by the public authority, but also include the equal negotiation, social self-governance, public engagement and other informal methods. Finally, this paper also analyzes and demonstrates the self-discipline-based first-party control, the consensus-based second-party control, and the external-force-based third-party control. |