Research On The Administrative Rule Of Law For Government Procurement Of Public Services

From the avocation of public administration reform in 1970 s and 1980 s of last century,the government's purchase of public services is an important institutional innovation in the field of public service supply.The government's purchase of public services has the characters of consulting between the government and the public,cooperation ruling.As a new idea and a new method,it changes the role and action of the government,the public and the market.This administrative method leads and encourages NGOs to provide public services instead of the state force,which becomes a new task for Administrative Law,and needs a method to solve it.This thesis tries to study the new method of public services on Administrative Law.And on the basic of its actual operation,the author suggests a new path to solve these questions and a plan to norm it,which maybe provide a public law guide for the practice.The main content of this thesis consists of the introduction,six chapters and the end.The introduction mainly introduces the problems of the government's purchase of public services and the author's assume.Additionally,the background,purpose,meaning,summary,main structure,content and research methods are discussed in this part.The first chapter expounds the legal basis of government's purchase of public services.This part mainly expounds the basic connotation of the government's purchase of public services system,including the concept and characteristics of the government purchase of public services,the distinctions of the concepts between the government's purchase of public services and privatization,administrative entrustments,government procurements,outsourcing of public services,the marketization of public service etc.Though there are so many disputes on it,the government's purchase of public services belongs to administrative actions,and it should be restrained by Administrative Law.The second chapter describes the present situation and problems of government's purchase of public services in China.Firstly,this chapter induces the history of government's purchase of public services in major developed countries,and takes Shanghai as an example,and summarizes the characteristics of problems of government's purchase in China.It is still in the pilot phase,so government's purchase of public services in our country shows many problems,such as the backwardness of the administrative concept,the main body and the standard being not clear,the procedure being not standard,the regulatory relief being not in place,lack of legal norms and so on.For these problems,it should be ruled by administrative law in its principle,procedure,supervision,and relief etc.The third chapter discusses the concept and principles of government's purchase of public services.In order to make the government purchases of public services to fit the modern public administration development,meet the needs of modern administrative rule of law,in the field of the government purchase of the public service,we should establish the concept of people-oriented and administrative services.Government's purchase of public services in our country should follow the principle of openness,fairness,competition,efficiency and coordination etc.The fourth chapter researches the administrative regulation of government's purchase of public services.The government has the responsibility,which goes throughout the entire process of government purchase of public services,for distributing rights and duties,confirming its scopes,reforming traditional administrative means,and using administrative contract and award to get the purpose of the government's purchase of public services.The fifth chapter studies the regulation of administrative procedural law of government's purchase of public services.Firstly,this chapter points out the strong justification of procedural law,which is determined by its own value and external function.At the basic of analyzing procedural law of America and Germany,the chapter points out that China's government purchase of public services should follow the three principles of participation and,cooperation,equal competition and trust protection.The mode of purchase includes purchasing independently and dependently.Finally,this chapter discusses the law procedures,including information open,the public participation and fully illustrating.The sixth chapter researches the mechanism of supervision and dispute settlement of government's purchase of public services.It is necessary to refer to abroad experience,set up an independent regulatory agency,improve the diversified,three-dimensional system of management and supervision,and strengthen the construction of supervision team to supervise the government's purchase of public services.Meanwhile,improve the measures in the access regulation,price regulation,quality regulation and performance evaluation mechanism,exit regulation etc.Confronting the dispute among the government,the public and the co-operations,it needs judicial and out-judicial ways.And judicial ways should build new rules and standards to contain private power of the co-operations.At the end of the thesis,the author puts forward some proposals,such as enforcing legislation and its subsidiary systems,constructing a perfect matching system,to prompt the healthy development of the government purchase of public service.