Research On Legal Regulation Of Government Purchasing Public Service

As a mean of privatization, Government Procurement of Public Service introduce the market competition mechanism into the administrative areas. Supplying the public service that shall be borne by the public sector to organizations or individuals through the form of contract,thus reducing administrative operation costs,improving the quality and efficiency of publice service.With the deep development of privatization, many fields of matters relating to the cit izen’s interests began to be open to the public, thus testing the responsibility of the government and the design of relevant legal norms.This paper is divided into four parts:The first part mainly elaborated the government purchase of public services development background and basic theory, Including the connotation, characteristics, development situation at both home and abroad of government purchase of public services and the principle of government purchase of public services. In the perspective of fairness and efficiency that benefit to realizing the public service’s outsourcing, the paper proposed three principles that government purchase of public services should followed, namely public principle, competition principle, the principle of regulation.The second part mainly summarizes the successful experience of the United States and the Britain, To draw the enlightenment of administrative law’s regulation design of our country through the comparison and analysis. For the successful experience of the United States, then elaborated the method for determining the scope of public service purchase and the seletion of operation mode based on the different types of service; For Britain’s practice, this article mainly introduced the reverse of legal regulation of the outsourcing contract and "best value" movement. Based on the experience of Britain and American this paper draw enlightenment to our country.The third part’s main content is the practice and legal regulation of government purchase of public services in China and the existing problems and reasons. Summing some probles in practice of government purchase of public services, such as the indistint definition of the scope, unclear legal relationship, mode of operation is not well designed. Put forward the need to taking outsourcing contract from technology transtorm to the system, and the urgency of formulating a special legislation.The fourth part, based on the main problems of China’s government purchase of public services and the successful experience of British and American, put forward the recommendations of buiding the legal system, relating to government purchase of public services. Mainly includes: the entity law, procedure law system, supervision legal system. In the aspect of procedure law system, the paper divided the service into ordinary procedure legal system and special procedure legal system, according to the characteristics of the service type.