Legal Regulation Research On Government Purchase Of Public Service

With the improvement of living standards, the demand for public service isincreasing. In order to meet this demand, the government find a solution namedgovernment purchase of public service model. In this solution, the government shallpurchase public service from various social service agencies through contracts toestablish diversified supply channels and then provide public services effectively.Such a model has been widely practiced in western countries and led to a great effecton improving the quality of public services as well as saving the administrative costs.Especially the relatively mature legal system in Europe and the United States plays animportant role in the protection of the standard operation of this model.Our government is also exploring and improving the government purchase ofpublic service model. The Third Plenary Session of the18th CPC Central Committeeclearly pointed that the government should promote this model vigorously. In2013,"Guidance on government purchase of public service from the social forces "alsopromoted the development of the mode in the direction of institutionalization. Localgovernments actively explored and promoted the model, then formulated thecorresponding rules and regulations.But at present, as our government lacks the legislation on the governmentpurchase of public service, the policy documents issued by many local governments are scattered, disordered and the effect is relatively low. In reality, the defects of thismodel are exposed by legal predicament in the system operation, such as the uncleardefinition on basic problems, indefinite purchase ways, not standardized purchasecontracts, imperfect monitoring and evaluation procedures, etc. Therefore, ourgovernment needs to define the content of the model clearly and improve the securitysystem from the perspective of legal regulation.From the perspective of legal regulation, this paper summarizes the legalpredicament of the government purchase of public service and refers to the experienceon the legislation of British and American countries, thus to research the legalregulation on our government purchase of public service. This paper is divided intofour parts, the logical structure is as follows:The first part is an overview of the government purchase of public service. Thispart begins with defining for the fundamental problems of the government purchase ofpublic service from three aspects of the purchasing service-nature, subject andcategory. The following is the legal analysis from two perspectives-Antitrust Lawand Contract Law. At the end of this part there is an overview about both direct andindirect ways of government purchase of public service.The second part is an analysis of the legal predicament of our governmentpurchase of public service in practice. In this part, the development status of ourgovernment purchase of public service is presented through the general description ofthe development process and the analysis of specific cases, and the major legalpredicament existed in our country is concluded.The third part is using the foreign practice and experience on the governmentpurchase of public service for reference. The research focuses on the practice andlegal regulation of UK and USA because of their relatively mature developmentexperience.The fourth part is about the establishment of legislation on our governmentpurchase of public service. This part comes from the basic level of establishing thelegislative basis to the specific level of defining the substantive and procedural legalrules. The substantive regulations include the definitude of purchase category, service standards, purchase ways and entry qualifications of service agencies. The proceduralregulations includes regulating the contract and purchase process standard, improvingthe supervision system, strengthening dispute resolution mechanism, etc. We hope toestablish a perfect legal system about the government purchase of public servicethrough the above three levels.