China's Private Security Company Conducts Research On The Legal Regulation Of Overseas Business

The private security industry in the world started very early and has been developing since the 1960 s and 1970 s.The earliest private security company was Deyang company in Virginia.It was founded in 1946 and began to provide technical and logistical support to the US Army as early as the Korean War.After the end of the Cold War,private military security companies such as "Blackwater company" and "Wennell company" began to develop because of the nation state’s monopoly on violence and the United States began to reduce its active military forces in large Numbers.At present,the global economy continues to grow,each country rising demand for security services,only rely on the traditional military security has already can’t satisfy the current demand is increasing day by day of security in the world,according to the Brookings Institution shows that global demand for private military security will increase by 7.4% a year,visible,in today’s society demand for private security companies are growing.Throughout the private security industry in China,however,due to our security service company started lately,the first security service company was founded on December 28,1984 in Shenzhen Shekou district,but since the first security service company had been established,in addition to the security services management ordinance passed in 2009,our country there is no other special provisions of the private security company law,and even the security services management ordinance for security service is macro regulation,the rules of the company and most did not start from the details of the private security company in detail,not to mention the relevant legal regulations on the overseas business of private security companies,which undoubtedly brings great shortcomings to the "going global" of China’s private security companies and the development of the private security industry.Throughout the developed countries abroad,for example,the United States has "Arms Export Control Act" and "International Arms Trade Regulations" to restrict the export of military services by private military companies;At the same time,according to the alien tort claims act and the extraterritorial military jurisdiction act,the United States also holds PMCS and their employees accountable for their violations.Look at the "company law" provisions of the private military security company’s qualification,the act of private security industry in the UK in 2001 at the same time,the law the detailed rules for private security company obtains the business license,registration procedures,the conditions of illegal license responsibility and related complaint,for the establishment of private military security company has detailed regulations and controls.It is not difficult to find that countries with rapid development of private security industry have relatively detailed relevant laws and regulations,which undoubtedly brings enlightenment to the development of private security enterprises in China.At present,China’s economy is growing,many enterprises are "going out" in order to pursue higher economic interests.The personal and property safety interests of Chinese enterprises and overseas migrant workers have spread all over the world,so the demand for security services is increasing.In addition,in today’s world,China’s overseas enterprises and personnel will face a variety of traditional and non-traditional threats.The traditional overseas security means are not enough to maintain the personal and property safety of enterprises and personnel.In order to meet the growing economic demand for security services,it has become an important issue to improve the legal regulation of private security enterprises in China to carry out overseas business and establish a sound legal system.In this context,if we can take the current relevant legal regulations of other major countries in the international community as the research background,summarize the current difficulties and shortcomings of China’s legal regulations,and then put forward relevant suggestions,not only for China’s private security enterprises themselves,but also for the whole international community will be of great significance.This paper starts with the current situation of China’s private security companies in overseas business,combined with China’s current legal regulations in this area,indepth analysis of the current legal regulations in other countries in the world,such as the United States,the United Kingdom,Switzerland,Japan,etc.,summarizes and analyzes the experience from the legal regulations in other countries,and analyzes the qualification of China’s private security companies in domestic law,business scope,weapons and equipment,legal issues faced by private security companies and their employees in illegal liability investigation,rights relief and other aspects still have problems,and on this basis,put forward relevant suggestions for the development of China’s private security industry.In addition to the introduction and conclusion,the main body is divided into four parts.The first part introduces the current situation of China’s private security companies’ overseas business,and introduces the background and reasons of China’s private security companies’ overseas business in detail,which leads to the current situation that the current legal regulations of China’s private security companies’ overseas business are not perfect,and clarifies the establishment and improvement of relevant legal regulations and ensures their effectiveness The implementation is necessary and urgent.The second part introduces the legal regulation of private security companies in the world,such as the United States,Britain,Switzerland,Japan and so on,and summarizes the experience information for the development of private security companies in China.The third part focuses on the analysis of the five major problems faced by the improvement and development of China’s private security companies’ current legal regulations,including the problems of domestic legal qualification,business scope,weapons and equipment,rights relief,and legal issues faced by private security companies and their employees’ illegal liability investigation.The fourth part mainly puts forward relevant suggestions on the five major problems faced by the development and improvement of China’s private security companies’ current legal regulations,so as to create a good environment for China’s private security companies to carry out overseas business,and make domestic legislative preparations for China’s security companies to go out of China and go to the world.