The Government Buys Public Service Research From Social Organizations

The government purchasing public services from socialorganizations is a hot issue in current academic circles paying closeattention to it, and also widely carried out in practice. Therefore, it isnecessary to research it intensively, no matter from the theoretical sense,or from the practical value. In recent years, a lot of papers andmonographs about this topic have been appeared and analyzed it fromdifferent viewpoints, but most of them analyzed the problems andcountermeasures of the government purchasing public services from theview of public management theory. The author attempts to analyze thegovernment purchasing public services from social organization from theperspective of administrative law with the administrative contract theory.In the process of analysis, the method of literature analysis is mainly used,and this paper is formed by reviewing, collating and analyzing relatedliteratures. In the main part of this paper, firstly, it defines the relatedconcepts, including public service, social organizations, administrativecontract, etc. Then, it clarifies the theoretical foundation, including thetheory of public goods, public management theory and the theory ofadministrative contracts, etc. Next, it explains the significances of usingadministrative contract in the process of the government purchasingpublic services from social organizations. The significances are asfollows: to facilitate to enhance the effectiveness of the government purchasing public services and provide quality services; to facilitateto fill the legislative blank in the terms of the government purchasingpublic services and perfect the legal system; to facilitate to change theone-way cooperative behavior in the government purchasing publicservices and strengthen the two-way interaction; to facilitate to eliminatethe phenomenon of interiorization in the government purchasing publicservices and standardize purchase process. Although administrativecontracts are so valuable in the process of government purchasing publicservices from social organizations, there are still some problems in thereal situation. The problems include: the contracts are notstandard and rigorous before the administrative contracts are signed; thereis non benign interaction between the two parties of the contracts whenthe administrative contracts are signed; administrative priority is notapplied improperly after the administrative contracts are signed. Basedon these problems, the author puts forward the countermeasures in fouraspects from the degree of perfection of legal regime, the managementof administrative contracts, the degree of perfection of supervisionmechanism and the transformation of government functions to ensure theeffective implementation of administrative contracts when thegovernment purchases public services from social organizations.Realizethat there are laws to abide by,which must be observed and strictlyenforced, and law-breakers must be prosecuted, to jointly ensure the effective supply of public services.