Legal Study On Government Purchase Of Public Service

How to meet the demand of individuation and diversification of public service, is the modern government faces major challenges.It is an important standard of judging government modernization management ability.For a long time, scholars agree that the public service for "public welfare" need to be provided by the "public administrator".Be worthy of the name,the government is the obligation.The government of selflessness can overcome market failure because of pursuit of personal interests.If public services focus on fair value goal, also can produce "administrative failure".It is hard to guarantee the quality and efficiency of service,because of working process and the lack of competition mechanism.In the 1980's, with the rise and development of new public management theory, developed western countries such as Britain and the United States found that the market can do something in the field of public service.Especially,market of high efficiency, economy and competitive can overcome government failure.Western countries reshape government reform that some public services outsourced to private or nonprofit organization and formulate the corresponding legal supporting system, guide the government purchase of public services practice.However, the government purchase of public services in China later than western countries,not follow the "legislation leading",but place partial experiment again in full swing, and formulate relevant policies and regulations. From the early 1990 s, some economical more developed city in our country started the government purchase of public services.The shenzhen luohu district is the first to pilot.In 1994,she purchase service in sanitation company.Then Beijing, Wuxi, Nanjing, Shenzhen and other places have delegate service in the scope of medical and health care, community building, community correction.It is helpful to break the government monopoly pattern, to further advance the government purchasing service.It has proven that the government purchasing public service activities really has achieved good results, not only ease the financial burden,but also improve the quality of service.There also is conducive to innovation of social management mode. It is an important time that marks the government purchase of public services into the institutional construction,in 2013. " In July the state council executive meeting" the important issues is the public service.In September,under the state council formulated the designated about the subject, projects,methods and set a goal that by 2020, comprehensive build system of government purchase services.In December,the ministry of finance has issued a series of policy document.In order to guide the jurisdiction of the public service practice,the local authorities have issued relevant implementation advice, guidance and service method and service listing rules.At present, the government purchasing public service specification just relying on the policy or normative documents are not conducive to guide or constraint practice,these rules are not harmonious or conflicting rules.This paper first points out the problems of the current policies and regulations of the government purchase of public services in China.And then,analyses the reason of these problems, and puts forward corresponding measures on the basis of the experience of the countries such as Britain and America or scholars point of view.Specifically, in addition to the introduction, the second part is mainly to introduce to the theory with the introduction of the theory and evaluation, pointing out the theoretical basis of this paper;The third part introduces the government purchasing public service the basis of legal regulation,in order to protect the public interest, limit administrative discretion and solve the problem of the government purchase of public services;The fourth part is the introduction and analysis of existing policies or laws, and points out that the existing provisions not harmonious, the lack of government guarantee responsibility, the range of buying public service not clear;The fifth part is to solve the fourth part of the problem, in order to perfect the government purchase law of public service.