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公共治安承包作为一种有益的制度尝试,从理论、社会、法律三个层面来看存在其正当性之空间,为行政法理论基础所兼容。治安承包制度可依托于行政委托,治安承包协议本质为行政合同。面对诸多法律困境,应从法律和实践两个层面规范治安承包行为,明晰承包范围、规范招标合同、明确公安职责、规范执法程序、完善监督机制、提升从业人员素质、加大社会宣传力度。如何完善治安承包的制度化路径是目前公共治安承包摆脱尴尬处境,迈向法治化的关键所在。
Public security contract as a beneficial system attempt, from the theoretical, social and legal aspects of the existence of three areas of its legitimacy, compatible with the theoretical basis of administrative law. Public security contract system can rely on the administrative commission, public security contract is the essence of the administrative contract. In the face of many legal difficulties, we should standardize the law and order contract from the legal and practical aspects, clarify the scope of contracting, standardize the bidding contract, clarify the responsibilities of public security, standardize law enforcement procedures, improve the supervision mechanism, enhance the quality of employees and increase publicity. How to perfect the institutionalized way of public order contracting is the key to get rid of the awkward position of public order contracting now and to the rule of law.