The Government Purchasing Service Contract Research

In order to promote the construction of service-oriented government, China’s central and local governments are legislation to try public service. In comparison, the academic debate on the current situation caused by the more intense. First, the nature of the procurement of public services, it is dissent, which also inevitably lead to differences of understanding public service contracts. If we start from the legal relationship, the contract may be considered as administrative contract. From the body point of view, buyers and takers unequal status of the two sides, and even the contents of the contract is not entirely the product of private autonomy. Our government is at a crucial moment of transition, such contracts can be used as a management tool to achieve service transformation functions in certain areas. But at the same time the application of this new tool, it must be recognized that the contract has even different from the general civil contract, from the body point of view, including governmental organizations(purchaser) and society organizations(takers). From the object point of view, because the object is the public contracts and services, which in turn relates to the tripartite interests. From the content point of view, the offer, acceptance and even desirable in the process of reaching the final, must reflect the public interest safeguarded and respected, and therefore need a variety of ways to limit the autonomy of the contracting parties, in short, both in this to reflect to reflect contractual and administrative contracts, how to find the balance between the value of the greatest difficulty. If you seek to principles of administrative law in both autonomy and a balanced value, it only shows that the purchase of public service contracts set up, of course, does not take effect. Unlike establishing of the contract,, this relates to the legal validity of contracts for the evaluation. At various stages before and after the signing of the contract, the contract flaws in the qualification, purchase content, then the validity of the contract will result in different effects, and accordingly will be different responsibility principle, its remedies are not the same.