| The public order contract is a typical mode of the participation of the private sector in the police task in China, which, as an important and controversial topic in the administrative law, has faced many disputes. This paper therefore analyzes its jurisprudential bases from the perspectives of the constitutional law, the administrative law and the society.Firstly, the participation of the private sector in the police task has legitimacy in the constitution. When we interpret the basic policy article of our constitution, we can find that although the constitution hasn’t stimulated such practice, it hasn’t forbid it either. The privatization of the police task can accord with the principles of the democratic, legal and social state so long as the reform can abide by the principle of reservation of law and strengthen the supervision by the government. Secondly, it also has legitimacy in the administrative law. There are many articles concerning to “the state and the society” in our administrative law system. And the privatization of the police task should be valid according to the interpretation of the principle of subsidiary and the theory of administrative process. Lastly, it still has its root in society. As far as the historic tradition of Chinese political and legal work is concerned, following the mass line is our lasting policy. And the problem of lacking of policemen arises along with the rapid development of the society. In order to fulfill the heavy police task, some local governments have to make use of the private section.This paper also points out the legal limits of the participation of the private sector in the police task. Thus we cannot put the reform plan into practice immediately. As far as Chinese administrative law research is concerned, the participation of the private sector in the police task is still an unfulfilled topic. |
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