政府购买公共服务视域下个体治安承包的正当性及法律规制

Legitimacy and Legal Regulation of Individual Public Security Contract under the View of Government Purchasing Public Service

个体治安承包是治安承包主体为"个体"的一类特殊治安承包形式,为政府购买公共服务典范,其发展存在较多问题,须纳入法治范畴。个体治安承包具有功能上的合理性和法律上的合法性,因而其正当性不容质疑。政府可通过法律规范个体治安承包的发包方统一为县级公安机关、承包"个体"为非警察的自然人、政府全额出资保障承包经费和明确承包的"治安"范围,保障个体治安承包健康、有序地发展。

lndividt, al public security contract is a kind of special public security contract form of public security contracting subject as ＂individual＂ . For the government to buy public service model, its development has many problems to be included in the rule of law category. The individual public security contract has the funetion ratiouality and the legal legitimacy; therefore its legitimacy cannot be questioned. The government can through legal norms of individual public security contract the employer unified county public security organs, the ＂individual＂ is a natural person, the non police government funded in full security contract funds and clear eontract ＂law and order＂ , the healthy and orderly development of the safeguard of individual public security contract.