基于“二元”发展的保安法制体系建设

Legal System Construction of Security Industry Based on "Dual" Development

保安法制体系是由多形式、多层级的法制组件聚合而成的结构性体系。保安行业"二元"发展,一元是国内保安业务发展,另一元是境外保安业务发展。鉴于我国现行保安法律、法规和部门规章不能实际、有效地促进保安行业的"二元"发展,就应尽快构建以保安行业"二元"发展为导向的保安法制体系。首先,我国应立即对《保安服务管理条例》等法规进行修订,并着手启动《保安法》立法行动,尽快出台《保安企业开展境外业务条例》。其次,《保安法》和《保安企业开展境外业务条例》在未来公布施行后,地方立法机关、政府和国务院相关部门还要随之进行配套立法和配套修订。其三,我国外交部门及其他国务院相关部门还应积极与相关国际组织、国家进行广泛沟通协商,逐步建立一个与国际相关公约接轨、与相关国家法律相衔接的涉外保安法制体系。

The legal system of security industry is a structural system composed of multi-form and multi-level legal components. The "dual" development of the security industry includes the development of domestic security business as one dimension, and the development of overseas security business as the other. In view of the fact that China’s current security laws, regulations and departmental rules can not actually and effectively promote the "dual" development of the security industry, a security legal system guided by the "dual" development of the security industry should be constructed as soon as possible. First of all, China should immediately amend the regulations on the Management of Security Services, start the legislative action of the Security Law, and promulgate the Regulations on the Overseas Business of Security Enterprises as soon as possible. Secondly, after the Security Law and the regulations on the Overseas Business of Security Enterprises are published and implemented in the future, the local legislature, the government and the relevant departments of the State Council should also carry out supporting legislation and amendments. Third, China’s foreign affairs department and other relevant departments of the State Council should also actively communicate and consult with relevant international organizations and countries, and gradually establish a foreign-related security legal system that is in line with relevant international conventions and linked up with relevant national laws.