On The Legislative Regulation For The Supplied Subject Of Domestic Public Service

For a long time, people generally believed that the provision of public services is the obligation of the government, however, the government failure and public choice theory has caused the doubts on the effective delivery of the government. During the late 70s of 20th century, the major western countries started the public administrative reforms which promote the marketisation of public services and introduce the social and market power to avoid the defaults which is arise by the government monopoly provision of the public services. In our countries, with the influence of planned economy, the public services still relied on the government supply mostly, the insufficient and inequality in the public service which caused by the vacancy and dislocation and other related issues by the government are still outstanding. So finding the answers of above problems and resolving them is very difficult for the researchers and policy makers.In order to solve the problem in the supply of public services, the main way is the legal regulation on the subject. This paper will discuss it in four parts:Firstly, the paper analysis the basic theories in the supply of public service, demonstrate the functions of public service which has its production and providing and who will stand such function is based on the economic development. Secondly, the author analyzes the problems in public service,and told that the problem is arise by the lack of institutions and the inadequate of the legal system, the lack of institution is the need for the legal regulation. Thirdly, based on the examination for the basic types of subject of public services, the author proposed the comparative advantages in different subject, so it can get the optimal provisions of public service on the analysis for pros and cons of different types. By the analysis for the practice of theory in the foreign constitutional provisions and the trends that the government function turns to administrative function, the author provided a reference to improve our public services. The constitution and relevant provisions of administrative law is the legal basic for the public services. Finally, the government is the basic subject in the public service, and also encourages the third party participation. The author made clear that identified the obligation of the government public service, develop a uniform basic law for it, identified the right and obligation of participating subject, use the law to regulate the behavior of suppliers. The object which should be regulated in the public service is mainly the government, so the establishment of a specific administrative system is the key to improve the public service.