On The Legal Regulation Of Government Purchasing Public Service

The government buying public services is a new mode of the social management innovation of government to provide public services, its main way is "multiple competition, financial burden, contract entrust, performance evaluation, post-project cash". The government buying public services specifically means that the government will let public services to have aptitude social organization to complete, and regularly according to market standard mutual build public services entrust contract, through the social organizations providing public services products, the government according to the standard of performance assessment and to pay the price. The government buying public service and government procurement have close relations, which is an important component of the social management innovation content, and that can effectively solve the government at all levels in providing public services existing in the course of supply. In this way government affairs will not be divided, high costs and poor efficiency problem. The government buy public service is the main way to achieve the changes of government function, and is also the government establishing the new ZhengShe relationship between the systems of the widely used.In the1970s, the UK, the United States and other countries in the new public services management thinking, driven began to introduce the government buy public services system, the government social organization to purchase form to provide public services, in the discovery in practice the new public services supply mode can decrease the financial fund, improve the level of public services, and prevent the government corruption and abuse and so on. They also got very good effect. In the early1990s, with the system in the western developed countries of booming development, China began to explore the benefits of government purchasing service, and the exploration development went step by step, for example, Shenzhen environmental health field into the government buy public services mechanism, the Pudong new area of Shanghai entrusted to provide public services, Nanjing GuLou endowment service outsourcing. Nearly20years of accumulation of experience, our country government purchasing public services has a certain scale.Our government purchasing public services legal regulation research should has a clear known of the purchasing subject, purchasing scope, buy object, the sources of the funds, purchasing program, contract supervision, performance evaluation of the basic problem. In the purchasing in accordance with the public services on the basis of the government purchasing public services subject and object to the relationship between the scientific orientation; Clear buy content; Clear purchasing way; Clear to buy public services performance evaluation mechanism. Establish the government purchasing of public services dispute resolution mechanism. At the same time the government should also suggest good social organization development environment, promote social organization cultivation, perfect social organization assessment supervision mechanism and government liability problems.The core of this paper is the public services government purchasing legal regulation. The author also referenced related laws, regulations, and the conclusion of the local governments to buy public services based on practice, then combined with local formulate about government purchasing public services guiding opinions and methods for the implementation of our government purchasing public services research. This paper mainly divided into three parts. The first part is to discuss the government buying public services foundation question, and the government buying public services background is divided into exploration, grow and mature. As the government to buy public services theory and legislation generalization are analyzed. Once again explore the government buy public services major principles, including the rule of transparency, multiple buy mechanism principle and performance evaluation principle. The second part is to discuss the problems of practice process of government buying public services, which mainly including the government buying public services subject, scope, buying patterns, pricing principle and procedures for purchasing question. In view of the above questions the author analyses and gives the author’s suggestion. The third part is to summarize the second part on the basis viewpoint, further put forward the government buying public services of the legal regulations for advice, main suggestions have initiatived of government purchasing public services separated legislation, improve the public services government purchasing the relevant system, strengthen the legal consciousness, and cultivate social organizations and standardize market order four aspects.There are some places that do not mentioned owing to the author’s limited ability, in particular, some of innovative viewpoint is put forward for the first time, so the argument may not thorough that also need to be perfected. So the point of view does need everyone to give animadversion correct.