Study On Regulations Of Government Purchase Of Public Services By Public Law

Government Purchase of Public Services emerges as the time requires in the process of government functions transition and government innovation. Its role is to make full use of market mechanism and maximize the efficiency and improve the quality of the public service with the help of non-government sections. The earliest practice of government purchase of public services in China was in 1990s, applied in community services. Now it has become one of the most important ways for governments at all levels to provide public services. In the aspect of legislation, both the central and local governments have worked out a number of policies and regulations relating to government purchase of public services. But generally speaking, these policies and regulations have low legal effect and weak operability. The underlying problem of government purchase in China is that the public law represented by the administrative law has failed to deal with various challenges from this new mechanism on time, In the process of purchasing, the non-government section provides the public sector to the public without being constrained by the public law. At the same time, it provides for the government an excuse to escape from the regulation by public law. This paper considers that the government purchase of public services is a way of deliver public services using market mechanism. In order to ensure the public nature of public services and the public welfare, the Government Purchase of Public Service shall be regulated by public law.In this paper, the first chapter begins with the definition of Government Purchase of Public Services and the theoretical basis of government purchase.The second chapter discusses the development of Government Purchase of Services in China and classify the implement mode by the way of purchase. This chapter further analyzes the current relevant legal system and points out the existing problems to be solved.The third chapter proposes a substantial regulation by public law to government purchase of public services. It’s proposed that the service object should be regarded as one of subjects in the legal relation of government purchase of public services. In this chapter, the application field of purchase and the responsibility of the government both during and after purchasing are also discussed.The fourth chapter suggests a procedural regulation by public law to the government purchase of public services. The choice of purchasing pattern should be standardized and several due processes should be followed during the purchasing.