On Legal Status Of Security Force

With the rapid development of China's security industry, security force play an important role in protecting social security. However, in recent years, infringement cases of security force have occurred in various places during the process of performing their duties. People concern about the phenomenon. China's legislation and judiciary community has tended to view security forces as the subject of private law. They use private law rules to resolve the problem of right relief during the performance of their duties. In the context of public-private-partnerships, the cooperation between the police and security forces has become the trend in security industry. By providing a wide range of security services, security forces not only effectively meet the security needs of different levels, but also strengthen the social security work further. In the context of public-private-partnerships, the public administration transfer the administrative tasks to communities. The privatization of police tasks become the trend of social development. The government can retain control of core functions of the police power while making full use of security force. Security force is a manifestation of the idea of cooperation. Security force should not be regarded as the subject of private law purely. Security force can be divided into different types according to different characters of security services. When the security force provide "club goods", that is, when security force are employed by the public security organs in the exercise of public power or assisted in public office buildings and hotels for security patrol, the kind of security is identified as auxiliary police assistants. Under the supervision of the public security organs the auxiliary police assistants have some enforcement powers, its behavior is directly related to public interests. The legal status should be non-independent administrative assistant. The consequences of behavior attributed to State; when government departments, enterprises and institutions hire their own security guards or security personnel deployed in the maintenance of order within the unit, its terms of behavior has a certain independence, and indirectly related to public interests. The legal status is independent administrative assistant. In this case, the state shoulder supplementary protection responsibilities to the infringement of the security performance of their duties and to the victims of security force. We further reflect on "Security Services Management Ordinance" and related problems in security legislation, in order to improve the recommendations of the security legislation. According to different types of security force, government can undertake the corresponding responsibility to Infringement of the security performance of their duties and performing their duties. The legal status of auxiliary police assistants is non-independent administrative assistant, behavioral consequences borne by the state; for internal security unit, its legal status is an independent administrative assistant, the State assumes responsibility for supplementary protection.