The Administrative Law Of China 's Government To Purchase Public Service

Government purchase of public services is the effective methods to ease social contradictions, transform function. The government gives social forces to assume part of the public service function, can not only share the work of the government departments effective pressure, but better able to complete the work of government departments. Government purchase of public services means the government provides public services to society can not adapt to the public service demand, the government will originally provided by the public service item to carry on the main body in the form of contracts, agreements to buy. Government purchase of public service legal relationship main body can be divided into buyer、undertaker and consumer. Government purchase of public services and government procurement, the meaning of government contract outsourcing, franchising is not exactly the same. Government purchase of public services mode can be divided into two types:direct and indirect purchase. In addition to the law and regulation prohibited to buy, the government can combine with the actual situation around the purchase of public services. Almost all western countries to buy to the implementation of the public service is to buy at the beginning of the lawmaking activities of public services, currently has more perfect relevant legal system. In order to guarantee the benefit of the public service, the western countries to buy have strict supervision mechanism and evaluation mechanism of public service. The overall scale of China’s purchase of public services, to buy the low proportion of service projects, incomplete legal protection, problems such as nonstandard purchasing process led to the purchase of public services the effect not beautiful. Our country should perfect the government purchase public service laws、 legal system and legal process three aspects to solve the present existing problems. The text consists of the following five parts:The first part, Government purchase of public services to accept administrative law regulation of interpretation. First of all, to define the concept of government purchase of public services; Second, from regulating the power of the government, protect the interests of the administrative relative person, perfecting administrative law itself, safeguard China’s purchase of public services reform smoothly four aspects discusses the meaning of purchase the public services to accept administrative law and regulations.The second part, Our country practice and analysis of the government purchase of public services. Respectively in Shanghai, Beijing and Guangdong to buy public services practice, the experience is summarized, and the existing problems are analyzed.The third part, In western countries, the government purchase of public services legislation experience and enlightenment. First of all, the United States, Britain, Germany and Japan to buy the legislative experience of public service, on the basis of investigation, summarize some beneficial enlightenment for our country to buy public service.The fourth part, The flaws of the government purchase of public services in our country administrative law regulation. At present, the purchase of public services legislation, system, problem of the application effect the purchase of public services in China.The fifth part, Our country administrative law regulating the government to buy the path of the public service. First of all, our country should modify the government procurement law and bidding law of the related content, solve the problem of the lagging legislation and regulations is not sound; Second, we should purchase service legal relationship between the main body, the responsibility system, supervision system, performance evaluation system four aspects to perfect the purchase of public service system; Finally, should establish the purchase of public services of due process, intensify information publicly, and expand the participation of social organizations.