Government Purchase Of Public Service Administrative Regulations

As a new form of public service provision, government procurement of public serviceshas last for a long time in western countries. The practices have practical significance inrealizing the transformation of government functions, improving administrativeefficiency and the quality of public services, as well as promoting the development ofsocial organizations. At present, government procurement of public services in China isstill in its infancy. The practices performed by local governments remain to beexperimental work. But with the progress of practices, the lack of legal regulation leadto the emergence of a range of issues, such as unclear obligations and rights ofgovernments and service providers, opaque program and unreasonable scope andmanner of purchase. China’s government procurement of public service needs theprotection of the legal system. This article tries to give recommendations to thelegislation of the government procurement of public services through analyzing thelegal systems of our existing government procurement of public services and thepractice performed by local governments to identify the loopholes and shortcomings ofour existing laws and regulations, combined with problems in practices.This paper is divided into four parts:The first part is the overview of the government purchase of public service system,which mainly explains the basic connotation of the system, as well as the necessity andpractical significance in China.The second part is the analysis of the text of the law and regulations about governmentprocurement of public services. By researching on the existing relevant laws andregulations, government regulations and local regulatory documents, I analyze thecharacteristic of these documents in the legal level, the authorities issued the documentsas well as the specific contents.The third part is about the status quo of the practice of government purchase of publicservices in China. Due to the large number of the local government practices, we selectonly a representative of the three examples, the practice in Gulou District of Nanjing tobuy the home care services for the old, practice in Rout Street in Foshan city to buy thecommunity services and practice in Shenzhen to buy social work services, to sum up the successful experiences and problems of the practices performed by local governments inChina.The last part is to sum up the problems exist in the legal system and practices ofgovernment purchase of public services in China, in the meanwhile, to giverecommendations to legislation dealt with these problems.