Research On Legal Institutions Of Government Purchases Of Basic Health Service

Basic health service is a public service which keeps a minimum guarantee with people’s right to health, purchase the basic health service via government to guarantee people’s health has become a convention around the world. The Third Plenary Session of the 18 th Central committee of the Communist Party of China has suggested government to purchase the public service to guarantee elementary needs of people. From perspective of transactional management services, must join the market competition and purchase from the public through contracts, commission etc. Basic health service is an important part in transactional management services.In fact, the State Council of China has passed the <Report of Reform for Works about Healthy Issues by Health Department>in the year of 1985 which means our medical market reforms already started. The thought of government purchase the basic health service comes out along with that fairness issue has become increasingly prominent in the health market reforms. Since government purchase health service is one kind of procedure which start, control and management by the government, so the key to production, sales and prices is still governmental though it has joined with government, hospital, producer, seller, customer etc. complicated group. Hence, controlling the power of government in basic health service is the core to build the system of government purchase basic health service. Whether the public service functions or the social management functions of government, the point is the power protected by national force, same as the real reason that controlling administrative law come out. Hence, power controlling in government purchasing basic health service become build the legal system’s inevitable core. This article was written based on above theoretical foundation by analysis of the legality and rationality. Connecting with our country’s public health service actuality and foreign experience, provide the necessary experience to build the legal system. Use the above-mentioned tools, the problems and reasons of government purchase basic health service have been found. And then propose the preliminary conceive of legal system building.The first part discussed the basis of build the government purchase health service institution. Theory of new public management, theory of power control and theory of basic human rights protection is the theoretical basis of government to meet the needs of social development and build a service government. Theory of basic human rights protection provide the constitutional basis for protecting rights to health; theory of new public management provide the management basis for transformation of government functions; theory of power control provide the administrative basis for operation of public power.The second part is a reference of foreign experiences. System building of government purchase basic health service must adapt to the political system, economy, and cultural tradition. Whether America’s fully market-oriented mode, or German and Singapore’s country leading mode, even India’s unformed mode don’t have totally identical system mode.The third part is an analysis our county’s reality of government purchase health service, to find the shortage of its law system and the issues of regulatory systems’ weakness. Based on the reality, problems about inadequate planning for government purchase basic health service, low legal hierarchy, and unreasonable government’s regulation have been exposed.The last part is some suggestions to perfect our government purchase health service. Based on our country legislation system, the state council should enact an administration regulation about government purchase basic health service. This administration regulation must reflect the principle of efficiency and the principle of public power controlling. And the basic methods to control power is respect procedures strictly and information publicity.