傳統法學對制度運行層面研究不多,造成對社會治理體系現代化涉及的結構、主體、符號等缺乏認識,甚至簡單地將實踐中社會治理體系現代化等同於法治化、信息化和技術化。社會治理的核心問題是解決國家與私人之間監控和懲罰成本問題,但要借助法定化的平臺促成公權與私權合作進行社會治理。社會治理體系現代化就是要解決社會開放狀態下如何通過立法確定合作的法定平臺與技術,並確保公權與私權重疊時的社會治理資訊和懲罰成本的合理分擔問題。公權與私權合作的社會治理技術是由一組可以觀察並具共識的符號或組織作為法定平臺,各自為了自身利益最大化和交易成本最小化更多地將責任施加法定平臺上,而不用追問其具體構成。

Traditional jurisprudence has produced few studies at the level of institutional operation,resulting in a lack of knowledge about the structures,actors and symbols involved in the modernization of social governance,to the extent that the modernization of the social governance system is in practice misunderstood as rule of law,informatization and adoption of technology.The core issue of social governance is the division of oversight and penalty costs between the state and individuals,but we need to draw upon a legal platform to facilitate cooperation between public and private rights.The modernization of social governance is a matter of using legislation to provide techniques and a statutory platform for cooperation in an open society,ensuring the reasonable division of social governance information and penalty costs when public and private rights overlap.The social governance techniques that enable public and private rights to work together involve taking a group of observable symbols or organizations on which consensus has been reached as a statutory platform,with all sides making this platform bear more responsibility in order to maximize their own interests and minimize their transaction costs,with no need to inquire further into its particular constitution.