On The Government’s Guarantee Responsibility Of The Government Purchase Of Public Services

With the growing development of administrative privatization, the government purchase of public services,as one of the means of privatization, is also developing rapidly in the field of public services. Government purchase of public services does greatly improve the quality and efficiency of public services providing. However, it also causes a series of problems. Because of the private sectors blindly pursued profits, the quality of public services still faces new challenges. In addition to this, the continuity of public services supply has become the main problem after the outsourcing of public services. In order to avoid the problems of government purchase of public services, it is necessary for the government to assume guarantee liability after outsourcing its public services, supervising the process of public services provision, and ensuring the continuous supply of public services and the maintenance of the public’s legal rights and interests. This article analyzes the government’s guarantee liability form, the basis, the condition and the measure, providing the support for the government purchase of public services’ smooth realization.Government’s guarantee liability means that the government will serve as a guarantor to provide supervision, incentive and control to the private sectors’ behaviors. When the problems occur during the supply of public services, the government can take effective measures to ensure the realization of the purpose of public services supply. The essence of government’s guarantee liability is to provide the ultimate responsibility for the public services. In the process of public services provision, the form of government’s guarantee liability mainly contains government supervision guarantee responsibility, government temporary taking over security responsibility, government administrative compensation guarantee responsibility and government administrative compensation guarantee liability. The government’s responsibility in the public services not only can find the legal basis in China’s laws and regulations, but also can have a profound theoretical basis. The government’s guarantee responsibility can effectively solve the division of public and private responsibilities in the government’s public services outsourcing, avoiding the public law of the government responsibility escaping to the private law due to the indistinct definition of responsibility.Although the government shall undertake the responsibility of security after the outsourcing of public services, it does not mean that it will have to take the guarantee responsibility whenever the public services supply problems incur or public interests are damaged. The government’s administrative functions are numerous. Giving too much responsibility to the government will result in heavy burden on the government, which will inevitably affect the implementation of other administrative functions. As a result, the public will ultimately suffer the damages. Therefore, it is very important to define the applicable conditions of the government’s guarantee liability, which could make the realization of the government functions smooth. Introducing the applicability of the government’s guarantees responsibility is to clear the responsibilities that the government needs to assume under different circumstances, avoiding the government bearing too heavy responsibility as well as escaping its responsibility.The essence of the government’s guarantee responsibility is to ensure the final realization of the public services. Therefore, government’s guarantee liability not only includes guarantee responsibility of government in the process of public services supply, but also includes responsibility to maintain the public interest’ s damaging after the failure of the government administrative task execution. As the public services is not fully supplied and the degree of fault of the government is different, the degree of responsibility of the government to fill the extent of the damage is also different. However, no matter what the extent of the government’s responsibility to fill the damage is, the purpose is to safeguard the interests of the public, which plays an important role in the government guaranteeing the public services successfully.