Research On Law Regulation Of Government Purchase Of Public Services

Government purchase of public services is an innovative road government must follow to provide public services. Introducing market competition mechanism into the public service supply chain aims to reduce the cost of public services, improve service quality. While social organizations attain widely opportunities so that can be more involved in the purchase of public services. The duties of government is established to inspect and evaluate the performance, then either pay the corresponding price in terms of contract or give disguised grants, tax exemption, subsidies and other ways to provide financial support.The development of government purchase of public services is the foundation of completing transformation to a service-oriented government. With the development of this system in western developed countries increased, our country also started to explore the purchase of public services. Results not only show some prospect but also expose many problems, especially on legal regulation. Due to the basic and vague legal regulation framework of the public service, to resolve contradictions and disputes in practice can only imply the law of contract and the law of government procurement or some regulations with ambiguous range. Therefore, based on the experience of the developed countries, summing up the experience of the pilot cities, consummates legal regulation of government purchases of the public service is imperative.This paper is divided into four parts. The first part explains what is the specific meaning of the public service and government purchase of public services, lead by the value of social organizations to provide public services, which is not only beneficial for the government of reducing financial stress, but also improving the quality and efficiency of public services. Then to inductive advanced pilot cities like Shanghai, Guangzhou, Hangzhou, summarize currently covered areas, projects, and situations of government purchase. The second part analyses the advantages and disadvantages of public services by pointing out the realistic defects existing in the purchase link and the problems need to be adjusted, emphasizes on building legal regulation. Then summarizing mature legal system of public service in Japan, the United States, South Korea and other countries puts forward examples which we can learn from. The third part dedicates three major legal regulations as a direction, the principle of fairness and impartiality, people-oriented principle and the moderate principle. Only under the guidance of the principles can find reasonable legal system accord with national conditions in the market. The fourth part discusses the preliminary conception on law regulation of government purchase of public service, in order to solve the problems which expose in years of practical experience, and to solve the possible conflicts in future due to the incomplete of legal system in present. The preliminary conception should include the specific scope of purchase of public services; the right way of purchase; the transparent procedures; the strengthening supervision and the contract dispute resolution mechanism.