The Legal Research For Protection Of Police Quasi-Public Service Outlay In China

Quasi-public service is a concept which is relative to the concept of public services. As the development of the states functions and our country is a transition period, the pluralism of Chinese police functions is an inevitable trend. The services which the police offer can no longer be ranked into public stuffs. At the present time, although some scholars have put forward that the modern police functions have been changed, they didn't make a exact definition for the changeable functions. Moreover, the reform of police is started basically in the context of the administration. This part of the functions which have changed is able to be stripped out from the public services, the stripped part is called quasi-public service. It's obviously not suitable that this part of funds is provided by nation.The establishment of China's police quasi-public service funding have a lot of issues, such as the difficulty of define the police "Quasi-public service", the protection of outlay lack of the law, the existing security system for less science, the ineffective oversight to the use of outlay, the public legal concept of police"Quasi-public service"haven't be established, and so on. Analyzed these issues and the realities by the basic theory of economic law, it is concluded that "Quasi-public service" police is a product of the country's economic development, not only in line with the historical law of game with governmental power and civil rights, meet China's socialist reform, but also satisfy the public continuously improved expectations about the governmental responsibility.However, the public goods offered by government is limited. When public goods was occupied by some part of people, the rights of others will be violated, it don't fit the legal principle of fairness. Moreover, the police quasi-public service is labor that cooperated with the beneficiaries, labor can create incremental interests, the police workforce will also bring incremental benefits to the beneficiaries, since the police invest the labor force into the cooperation, and they should have the right to share the incremental interests. Therefore, we must nail down the meaning of the police quasi-public service, protect the police quasi-public service funds by an independent system. The rights of sharing incremental interests of the police have to be safeguarded, at the same time, the governor must establish a relatively independent financial system for budget and audit, it is also necessary to establish the appropriate legal supervision system monitor. It is a innovation of the public service system that introduce the regulation of charge beneficiaries for the police into the outlay security system. The regulation is realistic and modernization. It is set up for the protection of police outlay not only for "develop source", but also for "cutting expenditure" from internal competition viewpoint. It can fully protect the police outlay, mobilize the police working enthusiasm, meet the requirements of police and the public right to development, promote the building of a harmonious society.