The Study On Government Procurement Of Public Services Of Social Organizations In China

The government procurement of public services is the innovation of mode of the government providing public services. It is an important way of building service-oriented and innovative government. This system began in 1960s in the United States, United Kingdom and other countries. Since the beginning of the 1990s, China began to explore this field. After 20 years of exploration, China’s government procurement of public services practice developed to a certain scale. Especially in recent years, China’s government is increasing emphasis on the role of social organizations in the public service supply mode. The Ministry of finance, Ministry of Civil Affairs in November 25,2014 jointly issued <The announcement about supporting and regulating social organizations that undertake government procurement of services> that clearly mentions that governments should fully recognize the role of social organizations and that the government should preferentially buy public service projects from those social organizations under the same conditions.However, the institution building about Government Procurement of Public Services of Social Organizations (GPPSSO) should be strengthened further. For example, financial investment mechanism is not perfect, so that there is a big gap between the purchasing power of GPPSSO and the actual needs of society; the competition elimination mechanism, assessment of oversight mechanisms and accountability mechanisms are imperfect, so that the quality of public services delivery is difficult to be fully guaranteed, and so on. Especially the lack of administrative legislation makes chaos on GPPSSO as an important public services approach. So far, although China’s central and local governments have issued a series of regulatory documents to guide the practice of GPPSSO, they did not independently establish a unification of the law to regulate it. Due to lack of a unified administrative laws and regulations on the subject parties, the procurement objects, procurement methods and process, assess and supervision, and legal responsibility to conduct a special regulation, so that in the practice of our GPPSSO, there are flaws not only on the status of local governments going their own way, but also in determination of the undertaking main body, the assessment and setting up the project purchases, quality control of public services, capital budget and payment and information disclosing in procurement process and other aspects, which left a space to breed power rent-seeking. Therefore, the author believes that the China’s GPPSSO need administrative legal regulation as it becomes more and more normalization.The article firstly clarifies the basic connotation of GPPSSO through a more complete exposition of this topic, and discusses its necessity by analyzing its practical significance. Secondly, it separately analyses the specific current situation of the practice and legislation of the China’s GPPSSO and summarizes the major problems. Finally, based on the experience of foreign countries, from the perspective of administrative legislation, the article put forward recommendations to improve the current situation.