治安承包的正当性论证与规范化进阶

公共治安承包作为一种有益的制度尝试,从理论、社会、法律三个层面来看存在其正当性之空间,为行政法理论基础所兼容。治安承包制度可依托于行政委托,治安承包协议本质为行政合同。面对诸多法律困境,应从法律和实践两个层面规范治安承包行为,明晰承包范围、规范招标合同、明确公安职责、规范执法程序、完善监督机制、提升从业人员素质、加大社会宣传力度。如何完善治安承包的制度化路径是目前公共治安承包摆脱尴尬处境,迈向法治化的关键所在。

On the Legitimacy of Public Security Contract and Normalized Advancement

As a beneficial institutional attempt, public security contract is compatible with the administrative law and has legitimacy in aspects of theory, society, and law. In essence, a public security agreement is an administrative contract, so the institution of public security contract can rely on the administrative entrustment. Confronted with many legal difficulties, we should make efforts to regulate the behaviors of public security contract from the legal and practical aspects, clearly stipulate the scope of contracting, standardize bidding contract, clarify public security organs＇ duties, specify procedures in law enforeement, complete the supervision mechanism, improve the quality of employees, and enhance the social publicity. Currently, improving the institutional path of public security contract is the key to solving dilemma and advancing towards legalization.