Legal Study On Government Purchase Of Public Service

Public service is one of the basic functions of government. In a very long period, influenced by the concept of the planned economy era government management, our government’s public service management’s pursuits are not along with the market economy society’s requirement of variety and quality to the public service, but rely on the government power, which is hard to meet the needs of the public, the government draw social forces into public service has become the inevitable trend. This model has been widely used in Europe, the United States and other developed countries. In 2003, the Government procurement Law issued, and specified the content and way of government procurement, but the public service is not explicitly mentioned as a purchase object.Oct 25th 2014,Treasury Department, Civil Administration Department, The State Administration for Industry and Commerce established The Regulation for Governmental Procurement of services (provisional),and implemented from Jan 1st 2015. The regulation roundly specified the basic principle, purchasing authority,purchasing content,guidance directory and other things related to the government procurement service, which can help to reinforce the top-lever design of the government procurement service,but there are also some shortcomings in how to regulate the social organizations of public service and how to assess and evaluate after finished the delivery service.With the such model,government buy the public service,widely used in China,the academia also put much interest on the study of this phenomenon. At present there are some problems in the purchase of public services at all levels governments in China, the article discussed about these problems and put forward the corresponding policy Suggestions, the following is the main content of the chapters in this paper:First introduces the research background, including the research status at domestic and overseas, puts forward the main research methods used; The second chapter to define the concept of government purchase of public services in China, Britain, Germany and the United States the experience of the four countries government purchasing public service are compared, and then find the disadvantages of the existing legal system construction in China; In the third chapter from the perspective of legal theory to interpret the legal meanings behind the government purchase of public services, respectively, from the new public management theory and the theory of civil rights, two aspects to introduce the government involved in the purchase of public services and the necessity of buying behavior of the government governance, and further lead to our government purchase of public services the existing legal loopholes; The fourth chapter in our country all levels of government purchase of public services practice experience, summarized the main problems exposed:relevant laws and regulations is not sound, supplier not over market access system, performance evaluation mechanism is imperfect, supervision and management system is not perfect, imperfect information disclosure system, etc. The fifth chapter combines the previous research results and the fourth chapter puts forward the problems, issued a corresponding policy Suggestions:perfecting the relevant laws and regulations, establish and perfect the system of market access, establish an effective system of performance evaluation and supervision, to issue a tender announcement and the subsequent information accurately and timely. In the article in the end, will show in this paper, the main research results, and the valuable research direction in this field are prospected.