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随着监管理论和实践的发展,在西方国家社会性监管领域逐渐形成了两种监管模式:对抗型监管模式与协同型监管模式。本文以职业安全健康监管为例,从心理和理论基础、监管责任、政府角色、监管机构设置、规则类型、监管补性等方面进行比较研究。两种模式的比较可以帮助我们更好认识国际监管体制发展的总体态势,即两种模式并存但协同型监管逐步增强。同时,这一比较也可以为完善我国监管模式提供方向性指导,即立足于对抗型监管,通过逐步吸收协同型监管模式之长来构建我国监管治理体系。
With the development of regulatory theory and practice, two regulatory models have gradually emerged in the field of social regulation in western countries: the adversarial regulatory model and the collaborative supervisory model. Taking occupational safety and health supervision as an example, this article makes a comparative study from the aspects of psychology and theory, regulatory responsibility, government role, establishment of regulatory agencies, types of rules, regulatory complementarity and so on. The comparison of the two models can help us to better understand the general trend of the development of the international regulatory system, that is, the two modes coexist but the coordinated supervision is gradually strengthened. At the same time, this comparison can also provide directional guidance for perfecting the regulatory model in our country, that is, based on confrontational regulation, we can construct our regulatory governance system by gradually absorbing the length of the coordinated regulatory model.