On Administrative Legal Regulation Of Government Public Outsourcing Contract

Government public outsourcing contract originated from the western countries such as Britain and the United States, is the reform of the marketization of public service has been welcomed by the institutional arrangements. It to the contract in the form of a will government production of public service commissioned available to the private sector or not-for-profit organizations. Its purpose lies in control of government scale, reducing public spending, improve the efficiency of public services, improve the quality of public services. After the reform and opening up, China’s economic and social changes, the traditional model can not meet the needs of public services to meet the needs of the public. Under the influence of the global reform tide and the domestic economic and social transformation, the outsourcing of public service contract is introduced into China, and soon it is followed by the local government. In recent years, China’s public service outsourcing has achieved initial results, but also exposed some problems in practice. For example, unclear boundaries in the field of public service outsourcing; most of the system in the field of public service outsourcing still belongs to the framework, no clear and specific supporting measures; practical implementation exposed in the process, execution and weak applicability is not strong etc. Problem.This article mainly from the current public service outsourcing contract in the practice of the status quo and the reality of the challenge, the procedure mechanism set up and regulatory relief system to improve. The core of this paper is in view of the present situation to solve the problem, based on the theoretical basis of government outsourcing of public contract, that public choice, new public management and governance theory, combined with the theory from the contract signing mechanism to fulfilling mechanism, elements, the whole procedure mechanism split into signing contract design and execution procedure mechanism. This will problems existing in the contract, through the practice in the specific operation, summed up the problem formulated specific, practical measures for the implementation, so as to achieve the purpose of the final contract. The final regulatory relief, mainly from the government in the outsourcing activities as role in analysis of the responsibility of government,emphasize the importance of self regulatory and self regulatory exists the possibilityof abuse of power, reflecting the importance of other regulatory simultaneously to form a complete supervision system. And at the end of the judicial relief and other relief simultaneously, so as to improve the legal system of the entire government’s public outsourcing contract, to jointly promote the sustainable development of China’s public contract outsourcing.