总体国家安全观下的应急法治新视野——以社会安全事件为视角

应急法治是考验国家治理体系和能力现代化的试金石之一,应急法治调整对象的宽泛化要求运用类型化方法,由全民反恐入手,重点治理社会安全事件。"总体国家安全观"高屋建瓴、应运而生,蕴含着以民为本、良法善治和公私相济三大价值,成为引领我国应急法治建设的新航标。良法善治的安全观首先要求发挥政府的主导作用,着力塑造整体联动的应急治理机制,逐步完善行政应急法律体系,提高公安警察的执法水平;同时,以民为本、公私相济的安全观契合"政府与公民关系平等化"的法治追求,鼓励广泛的公众参与,提倡治安承包的再推广。

New Vision of Emergency Rule of Law Under Overall National Security Concept--From Perspective of Social Security Incident

Emergency rule of law is a touchstone of modernization of the state governance system and ability. Since the objects adjusted by emergency rule of law are so broad, it requires the usage of the typed method, starting from universal anti-terrorism and focusing on governance of social security incidents. Hence the farsighted ‘overall national security concept', which contains three values of serving the community, good law and governance, balancing the public and private, comes into being, becoming the new beacon of emergency rule of law construction in China. Firstly, the security concept of good law and governance asks the government to play a leading role in shaping the overall linkage of emergency management mechanism, gradually improving the legal system of administrative emergency, and raising the level of law enforcement of public security police. In addition, the security concept of serving the community as well as balancing the public and private is in line with the rule of law pursuit of ‘equal relationship between government and citizen', encouraging extensive public participation and further spread of public security contract.