Operation Principle And Practice Patterns Study Of Public Security Order

Human survival and development cannot be separated from a system with good orders, in all types of which, public security order plays a basic role and it is the prerequisite and basis for the existence of other orders. Studies in terms of public security order are of special significance for China, which is in the social transition period, but unfortunately, China’s theoretical circle has been lack of consciousness to study such matter and some existing results are not systematic enough. In view of such case, in this paper, we attempt to study on the major issue, the operating principle of public security order, and further extend it to investigate its practice patterns, and ultimately fix the end result in the construction of public security order of China in the social transition, with a view to provide theoretical support for corresponding social practices.Public security order is a stable and orderly social state necessary for the normal operation of human society. From an overall perspective, it shows in two basic forms,namely a public security order based on national legislation and a public security order based on civil rule. Marxism’s view of state order and Max Weber’s view of law-based ruling order have provided the legitimacy basis of public security order based on national legislation and the possible picture of normal operation, while Malinowski’s Human Observation and Ehrlich’s Living Law Theory have verified the objective existence to public security order based on civil rule in respects of empirical study and theoretical support. The operating principle of public security order is embodied in the interaction and communication mechanisms between its forming mechanism and maintaining mechanism and between the two forms of public security order. As to the forming mechanism and maintaining mechanism, there are essential differences between the two forms of public security orders; however, there is a wide range of interactions and communications between them. Such interaction has gone through different historical processes and reflects different interactive features in different historical periods. On the current context, the ideal model of communications between the two is reflected in two aspects. One is communications at the institutionalized level; and another is communications at the non-institutionalized level. Because the forming mechanism and maintaining mechanism belong to the objective and historical category, various countries and regions show many common features in their respective forms of public security orderaccordingly. Therefore, its practice mode of operating principle is mainly reflected in the interaction and communication between the two public security orders. In the world, Germany and the United Kingdom are the respective representatives for the two typical patterns of civil law-based ruling system and common law-based ruling systems. There are three theories in terms of relations between public security order based on national legislation and public security order based on civil rule. They are Professor Zhu Suli’s Local Resources Theory, Professor Xie Hui’s Functional Theory or Value Theory and Professor Deng Zhenglai’s Subjectivity Constructionism, among which, the first two theories can be attributed to Constructivism, and the last one comes down to Regression to Specific, so the theoretical model of interactions between public security orders of China in social transition shows in two types of Constructivism and Regression to Specific. But in reality, these theoretical models are failed to put into practice. Currently, interactions between the two public security orders in China reflects in that public security order based on national legislation controls over public security order based on civil rule. Therefore, in order to construct a pattern of public security order that is adapt to the social transition of China, it is necessary to achieve the value return of public security order based on civil rule and re-build the interaction and communication mechanisms between the two orders.Concretely, the idea is to, on one hand; achieve talks on a democratic basis between them, which is the most rational communication; and, on the other hand, to achieve local autonomy, which is the reality basis for them to communicate.