A Study On "Public Order And Security Contract" From The Perspective Of Rule Of Law

In the transitional society,China is facing a serious and complex social security and antiterrorism situation.There is a structural problem between supply and demand in social security.On the one hand,the problems such as the shortage of civil servants,the shortage of financial funds and the generalization of police functions have formed a situation of insufficient strength of public security,so that the overall supply of social security is short.On the other hand,the social and economic development has led to the increasing demand for social security,and the basic supply of social security can not meet the special requirements of some groups.Obviously,the hope that the reform of the public sector(public security organs)and the implementation of the traditional security management strategy is difficult to achieve the purpose of maintaining national social securityeffectively,the need to pay attention to the public in the maintenance of social order and security activities should play a role.In fact,through historical research and empirical observation,in order to digest the aforementioned structural problems,there have been or are taking place a large number of the "public order and security contract" as a typical public-private partnership phenomenon.After the deep interpretation of the concept of "public order and security" and "contract",this paper puts forward that "public order and security contract" is a collection of conceptual and theoretical frameworks,which includes the practice model of the title of "public order and security contract",also includes other practice modes that involve public and private departments to allocate security authority and tasks or the public sector to allocate security authority and tasks to the private sector,and can be a substitute for the order of the administrative field of public-private cooperation(privatization)in the Chinese-style theoretical framework.Based on this,the research context of this paper can be carried out.In particular,the first chapter introduces the background of the topic,the origin of the study,the research object,the research situation at home and abroad,the research method and the way,the task and the structure of the study,the theoretical and practical significance of the study.The second chapter analyzes themulti-dimensional concept of "public order and security",the contract nature of "contract" and the theoretical framework of "public order and security contract".On this basis,analyzes the power,theoretical basis and historical basis of "public order and security contract",and puts forward the theoretical study of Chinese approach.The third chapter examines the typical model of "public order and security contract" and other practice modes,and explores the practical problems in the practice of "public order and security contract" in a typified perspective.The fourth chapter takes our existing policy documents,constitutional law and other normative legal documents as the object of study,analysis of the policy,constitutionality and legality of "public order and security contract",aswell as the norms of the various shortcomings.The fifth chapter takes the system design as the goal,puts forward the construction logic of "Quasi-legislative" in the process of "public order and security contract" and embeds the due process of law.At the same time,it makes legislative thinking on the nature of the contract,the role and function of the participant,the content of the contract and its legal boundaries,the distribution of interests and responsibilities,etc.Finally,the rule of law of the ideal mode of "public order and security contract" is constructed in the system design before,during and afterwards.