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“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。
The “law and order contracting” phenomenon is essentially an exploration of the new system of public security in rural areas during the social transformation in China. Through the sublation of the traditional system and the reference to market instruments, rural social conflicts can be temporarily solved internally. However, Apart from the current laws and institutions, it is also full of inevitable difficulties. This article argues that the typical contradiction to be solved in this period of transition lies in externalizing the contradictions, that is, the relationship between society and law and the supply of social public goods should be dealt with first by the relationship between the pluralistic subject and the government.