The Study Of The Legalization Of Government Procurement Of Public Services Under The Background Of The Overall Rule Of Law

In the context of comprehensive rule of law and comprehensive reform,Chinese governments at all levels have carried out government purchases of public services.However,the government to buy public service practice is still in the exploratory stage.There are still many factors that restrict the healthy and sustainable development of government procurement of public services.It is imperative to promote the legalization of government procurement of public services.Therefore,it is of great theoretical and practical significance to carry out the study of the legalization of government procurement of public services.To begin with,this paper establishes a theoretical framework of analysis of the legalization of government's purchase of public service from four perspectives.Based on contract theory and administrative power list system theory and justified procedural theory and public responsibility theory,this paper argues that the legalization of government procurement of public services the legalization of subject system and the legalization of purchase range and the legalization of purchase process and the legalization of public responsibility.These four analytical perspectives Constitute an interrelated whole.Then by combining with the above four basic theory,it constructs a theoretical framework of analysis of the legalization of government's purchase of public service from Four Perspectives.Secondly,this paper analyzes the current situation of the legislation about government purchases of public services.From a vertical perspective,central government and local government have developed a number of normative legal documents about government purchases of public services.From a horizontal perspective,although there is a regional imbalance in the level of public service development,local governments have developed guidance and guidance catalogs in conjunction with their own characteristics.However there are three aspects of the current situation of legislation.Firstly,these legal documents have a lower level of effectiveness.Secondly,these legal documents have a characteristic of homogenization and simplification.Thirdly,the specialization of these legal documents is inadequate.In addition,There is a conceptual confused of government purchases of public services and PPP in these legal documents.In addition,This paper studies the construction dilemma of the legalization of government procurement of public services.Based on the above theoretical framework,these dilemmas include the dilemma of subject system and the dilemma of purchase range and the dilemma of purchase process and the dilemma of public responsibility.Finally,the article made a lot of suggestions about the Construction of the legalization of government procurement of public services.According to the analysis framework of the article and taking full account of the above constraints,the article points out the construction path from the above four angles.