On the Security Contract under Administrative Law

Abstract Security contractors in contemporary China have both a theoretical and practical significance. Security contractors conform to the new administrative theory and development trend of the times, with different modes of operation, but in practice there are some problems and shortcomings, the law requires a gradual process.

Paper Keywords Security Administrative Law of Contract

Nowadays, academics and practitioners for an increasingly complex security situation, we began to heat up policing contract dispute. What is social security should be enhanced government functions, or it can be properly privatize; policing contract should be a law and order problem to solve many social medicine? But only the current laws of our country level, really strict sense of the Security Contract does not yet have legal seat. Lateral view, the implementation of security contractors should follow social trends, then the state can use the administrative law jurisprudence as a theoretical perspective, to administrative law and regulations as the principal means of scientifically controlled contracting law and order, to guide and improve, prompting the government and private organizations or Personal formed a partnership to carry out security work, might be interested in building a harmonious society can play a positive role.

First, the security contract exists rationality theory and practice

Security contractors in theory fit the new public administration theory. If the traditional public economics advocated the theory of public goods, the general sense of the public goods mainly refers to a member of society joint consumption related items, characterized by a significant way in the consumer non-exclusive and non-competitive sex. Law and order problem in essence belongs to a typical public goods. By morning the police contingent government security precautions and order management operation tools to ensure safety and improve citizens' sense of security, law and order in all areas in which people are able to get benefits, and thus can not exclude others from similar benefit; provision of public security, the unit The cost of public law and order supplies, do not need additional resources in particular individual inputs; Likewise, each person of public law and order and prevent actual consumption does not exclude other people while enjoying views. With the rise of the new public administration theory 'does not mean that public provision of public production' has been popular in the public, government and private production of public phenomena occur together, thus providing public goods consumption and the introduction of competition. From the 1970s began, the world's governments are faced with social change and technological development as well as deficits pressure, public trust in government continually reduced. Thus, the gradual change in public administration: the government reconfigured public power, the government began to re-locate the position of the Government's role and behavior began to change. This necessarily requires the government to a whole new way with the social, civic and organizational cooperation and competition. Government and civil start building a new public-private sector partnerships in public administration.

Security contractors fit contemporary police reform actual and theoretical. Police called the fourth community policing revolution in foreign countries about originated in the 1930s. General sense of community policing relying on the community and service to the community simultaneously, its goal is to improve relations between the police and close, thereby maintaining social order to build a virtuous order. Security contractors are not actually simple acts of government, it is not a simple civil act, and overall performance of duties for the police and residents of the close integration of autonomous behavior, the local government-led policing and various community resources to improve the integration, therefore, public contracting in fact conform to Fourth Police revolutionary development trend of the times. Currently, Fifth policing revolution has begun brewing: the police department internal enterprise management mode to plan the use of the police to consider the cost and efficiency; take advantage of market and social forces to implement the socialization of police work. Security contractor in the new century also satisfy the specific needs of the police revolution.

Second, the mode of operation of Security Contract

Of today's policing contract originated in rural areas. In 1996, Shandong Tai'an a veteran contract law and order in the city in a village, which the media dubbed the Chinese 'security contractors,' the first person. According to related statistics, a variety of security contractors currently in China for nearly ten provinces (area) operation and Security Contract with regional scope, has a simple safety precautions have been extended to the public security organs of public security management exercise. Probably under the operational situation can be divided into three modes.

Security contracting Taian mode. Security Employer generally village (neighborhood) committees, Committee for Comprehensive Management or property management companies and other institutions, the corresponding security affairs confined to the region contracted security precautions and other practices, the required contracting costs borne by the Employer or directly benefit provide the corresponding station is only responsible for the supervision and guidance of the specific business. Tai'an City, Shandong Province, the security contractor is in this mode, generally the village or street, or units of the overall law and order or project security patrol care and security, in general, the contract price contract for a certain amount of personal. While the corresponding Employer of village committees, neighborhood committees or other units, corresponding to the public security organs and the Employer jointly security contractor for quantitative assessment, contracting costs incurred by the Employer and the masses of a portion of a part to be addressed.

Security contracting Jiaxing good mode. In August 2002, Jiaxing Jiashan Weitang launch a 'security guard combination contracting' the new model. Human security affairs contracting local public security organs, the corresponding contractor's identity more special, generally serving the public security organs within the police, the police and then by the contracting organization security team selection. Security contracting is often limited to the region, and manage security precautions, security contracting costs to raise direct beneficiaries. It may also be based on the specific circumstances of incidence and detection to determine the police and the corresponding income security team, and the corresponding security contractors to come forward to receive funding from the police security fees for protection.

Ningbo Dan security contracting state mode. December 2002, in Ningbo City, Dan state area five towns Myeongryun village a villager named Zhang Weizhong public bidding, more successfully got the village, the security of the second year, the right to contract. In general, this model is often the security Employer village, the corresponding security contractor for non-public security authorities or the police, is completely private organizations or individuals, and is limited to matters of law and order in the region contracted security guard working with part of a general security management affairs, while also responsible for the Private rental households and transient population management work. Related expenses are often incurred by the contractor to provide the Employer, the public security organs primarily responsible for assisting the commission for the organization and review contractor bids corresponding qualifications qualifications, and is responsible for the contractor for an assessment.

Links to free download http://eng.hi138.com

Third, there is the reality of policing contracting problems and shortcomings

Security dilemma pending administrative contracting laws to crack. The existing legal framework makes policing contract law and rules only in the cracks to survive. In the social order of the modern society and the fundamental distinction lies in the ancient society in the ancient society in general there is a reasonable private relief phenomenon in the modern society in general to public relief, but a few private relief only in the case of self-defense and for transferral to other can, still relatively strict requirements of these powers are derived from the corresponding legal clear mandate. If you follow the appropriate requirements of modern administrative law, administrative act if the non-legally authorized not to carry out; if there is lack of law, often corresponding to exclude any administrative action; all administrative activities should be subject to the constraints of the current laws and constraints, are responsible for the executive should proactively enforce clear laws, and must not shirk its statutory duty and neglect. In our country the 'Administrative Punishment Law' and 'Public Security Administration Punishment Law' and widely applicable before 'security regulations' are clearly defined provisions, the public security organs and individuals outside the organization without the express authorization of law or commission is authorized to the offender management and penalties related behaviors exercise the right to social security is the security administration departments at all levels of government and the rights and obligations. Therefore, in the current legal framework running, does not yet exist law expressly provides that the public security organs can be any security administration to empower civil rights organizations and individuals exercised.

Security contracting specific deficiencies exist in operation mode. Security along market economy contracted born novelty, specific operations are bound to exist in practice less standardized or even illegal practices. Participating subjects contracted security chaos, for now several security contracting model, the public security organs have both the Employer and numerous property management companies, as well as enterprises and institutions, many of residence (village) China Committee and the Committee for Comprehensive Management of many streets and so on. Some of the Employer will not even own or duties within the scope of administrative affairs, warped contract to the appropriate contractor. This corresponds with the contractor into organizations and individuals, both in law and order operations inevitably professionalism and normative aspects of organizational management are in non-standard imperfect stage. Our country has not yet been standardized with the introduction of substantive private security industry to match the operation of the market mechanism, so in order to enhance security in a relatively short period of scientific subjects corresponding to the two contracting parties professionalism obviously impractical. Specific operational policing contract model is also currently showing disordered state, there is no real sense to establish police agencies and professional organizations on social security contracting rational relationship.

Security contractors in reality often lead to negative effects. Security contractors in the implementation of market-oriented operation and management, to a certain extent and period of time to achieve better security results, to some extent, be able to address public participation in the work of professional social order and pay the corresponding monetization difficulties and challenges . However, the security contractor in the long run is bound to follow a certain side effects. First, the Government's policing functions easily lead to dislocation. Government security functions for the management of the affairs of dislocation performance without tubes or no tubes in place. Currently our government departments in the management of the economy and efforts to intervene in the market economy is relatively large; But law and order, and in the provision of public services, etc., did not go far enough. While on the one hand can make policing contracting public security organs reduce stress, but also easy to take security precautions and management of a package, even as a walk away dispensers. Second, the law and order of the contracting process easily lead to abuse. Has long been the public security organs of law and order in the specific physical and administrative enforcement procedures on law and order has strict set of regulations, mature professional police officers tend to go through professional training and practical work for several years before being qualified. However, the security contractor puts can be exercised exclusively by the public security police administrative enforcement powers, neither safely handed over to law enforcement qualifications and no basic policing skills and professional qualities corresponding contractor to exercise, if lack of supervision or improper, it will certainly resulting in abuse or illegal handling contractor, even the development of kangaroo courts and torture, or may occur literacy circle with the wicked rule enforcement village many strange phenomena. Third, security contractors can easily cause the abuse of power. On law and order management, the public security authorities should pursue a public benefit, however, is often preferred security contractors sided pursuit of economic efficiency. May cause the relevant economic incentive to pursue economic interests alienation become profitable tool. Four is easy to add to the burden of policing contract. The contractor on the source of funding, almost all follow the general pattern of who benefits and who contributed money to buy peace principle of exchange. Although the new public management theory has proposed a 'Governance of Pluralism' and the introduction of social forces to participate in public management, this objective should be to reduce the government to reduce operating costs and achieve the public burden, but often this money bought peace objectively while filling the public to bear the heavy burden of economic assessments.

Fourth, the contract system of policing the legal process

In our country, it should be from the administrative rules and other legal and institutional aspects of contract law and order to regulate and improve, so as to continuously enhance its presence Mrs. vitality, should be avoided because there is no chapter may be found quietly caused its demise. Rational perspective, our ongoing national contract law and order control, guidance and improvement process, and its essence is the process of improvement of the law itself.

First, explicitly set the scope of the statutory contracting services. Contract law and order in the angle range of contracting services division, can be divided into 'security guard contract' and 'public security management contract' or two aspects of these two types. The current security precautions should be focusing our security management at this stage, and certainly want to prevent in the first place. Law expressly provides that part of the non-mandatory security management services can carry out the corresponding security contractors, mainly mainly deals with public order policing Executive Education administrative oversight and other specific matters, contract law and order can be included in the scope of the corresponding transaction.

Second, the law expressly provides security contractor professional qualifications. With a good law and order with the selected contractor is contracted to implement the key core areas, the reality of the situation, if the contractor on the security requirements of eligibility for excessive obviously unrealistic, the law should provide for the basic conditions and selection procedures. Also good job security contracting and security services to carry out a scientific combination, but also to promote the overall quality of the general contractor to improve education, to ensure law and order to effectively undertake prevention and management of professional duties, while also establishing and improving professional private security teams operate.

Third, the legal form of a standard contract entered into policing. The public security organ shall order contract signed with the contractor and clear statutory strict policing contract, to further clarify the use of compulsory binding contract and scope of services, specifically the amount of security contracting costs and sources of strict and strictly stipulates the rights of the parties and obligations and incentive measures.

In short, contract law and order in our encounter with the reality of the behavior of future trends, it should be said that the rule of law in our country a microcosm of the development process. To achieve security contracting state and society interact and combine, on the one hand to ensure that the social behavior of state actors to carry out the necessary and appropriate guidelines and regulations in other countries need more practical lessons from the private practice of law resources to policing contract for improvement and development.

Links to free download http://eng.hi138.com

Political Other Papers