公众是我国公共治理秩序的基本构成因子,但其主体功能在现行公共治理制度下停留于抽象规定的状态,本质上是国家强制形成的辅助参与人。现行立法对公众的主体定位,体现出抽象的公众难以在特定公共事务中转化为具体个人而获取主体地位,且转换过程受公权意志的过滤。公众的主体性在具体法律关系上难以成立的原因在于:公众定义的內部混乱与外部边界不清,高效的法治实施体系要求在国家强制之外形构社会强制机制,且实施过程坚持效果和效率为二元导向,应当采用排除法+类型化方法定位公众,构建私人实施、社会声誉、救济利益共享机制,方可确保公众的主体性。 The public is the basic constitutional factor of public order in our country. However, the main function of the public stays in the state of abstract stipulation under the current system of public administration, which is essentially an auxiliary participant compulsorily formed by the state. The current legislation locates the main body of the public, which shows that it is difficult for the abstracted public to transform themselves into specific individuals in a particular public affairs to gain the status of the main body, and the conversion process is filtered by the will of public authority. The reason why the public’s subjectivity is difficult to establish in specific legal relations lies in the unclear internal confusion and external boundary of the public definition and the efficient implementation of the rule of law requires that the social coercion mechanism be constructed outside the state coercion and that the implementation process be effective and efficient In the dualistic orientation, the public should be targeted by the method of exclusion + typeization to establish a mechanism for sharing private implementation, social reputation and relief benefits so as to ensure the public’s subjectivity.