“治安承包“现象之法理评析

“治安承包”现象实质上是中国农村在社会转型期中对新的治安防范体系的探索,它通过对传统体制的扬弃和对市场手段的借鉴使农村社会矛盾得以在内部暂时解决;但它在总体上游离于现行的法律和体制之外,并且它自身也充满了不可避免的困境。本文认为,要解决这一转型时期的典型矛盾还在于将矛盾外化,即首先处理好社会与法的关系和社会公共物品供给的多元化主体与政府的关系。

JURISPRUDENCE COMMENTARY ON THE PHENOMENON OF "PUBLIC SECURITY CONTRACT"

The nature of "public security contract" lies in the fact that it is an exploration into a new public defence system in the period of the social transformation.It solves the social conflicts in the country interiorly and temporarily through developing the useful and discarding the useless of the traditional system,and referring to the means of market;but on the whole,it dissociates from the present law and social system,and it has met unavoidable puzzledom.Therefore,the method to solve the contradiction still consists in turning self-contradiction outside,tackling with the two relationships firstly,i.e,the one is between the law and society,the other is the diverse providers of public goods and the government.