Legal Analysis On The Government Purchase Of Public Services

The government purchases of public services is a popular methods in the1970s, it becomes a new way of government regulation in the transition of "small government" from "mode" omnipotent government. As a rational procedure which concerns of consultation and cooperation between officials and the public, it reflects the government’s emphasis on private power when in the public governance. Such as the outsourcing contract, government purchase, privatization and other forms, which play an important role in the process of public governance. The government purchase of public services and the outsourcing contract has also leads to disputes and legal matters in the fields of theory and practice on administrative law, such as the reason and the scope of the purchase, the loss of government liability.This paper is divided into five parts. The first part is an overview of the government purchases of public services. It mainly introduces the intension, motivation and principle of the purchase to get a comprehensive understanding of it. The second and the three part is mainly introduces the situation of China and other developed countries the government purchases of public services and purchase experience, carries on the conformity to legal problems, so in the back by analysis, induction countermeasures. The fourth part according to the different subject of rights and obligations in the government purchases of public services to the legal relationship in the analysis of decomposition again, clear the main parties responsibility. The fifth part mainly is according to our country’s legislation and practice in China to buy reasonable suggestions to the government purchases of public services on the basis of the previous text.Author of this paper is deeply influenced by the USA scholar, Professor Judi Freeman’s book--"cooperative governance and new politics", which state her new administrative law theory. In an attempt to actively change the subject of China government role in the introduction of multi mixed subject to diversification, the responsibility of the main body and the supervision and evaluation mechanism to reduce the risk of purchase. Of course, these all cannot do without the legislature, passed legislation for the government to buy a sound and perfect mechanism to provide a strong legal underpinning.