Research On Government Purchase Of Public Service Contract

The The government procurement of public service accords with the political philosophy of "small The government, big society", it’s an important way of transforming the The government functions and building service-oriented The government. The The government procurement of public service originated in the Anglo-American,and developed in Germany and France, because it can improve efficient of financial, avoid corruption and black-box operation, and ensure the quality of public services, it has been widely imitated and being spread all over the world. At the present stage economic develop rapidly and social change fast, promoting the government procurement contributes to promote the development of civil welfare, making social services market-oriented. Compared to European and American countries, Chinese government procurement practices started late, there are many problems,like imperfect legal system, weak social service,bad management and poor regulation. Research on the government procurementis mostly concentrated in the theoretical study of administrative law and public law, and even the administration and other fields. The government procurement public service contract is a written agreement which has comprehensive provision of right and obligation between the the government and public service providers, and it’s signing and performance is the core of the government purchase. As the "contract management" runs through the the government procurement public services, clearing the nature of the purchase contract is of great significance for the application of law and dispute resolution. The nature of the purchase contract has caused widespread controversy, and along with " Government Purchase Law" issued, providing that "the the government procurement public service contract apply to Contract Law," the dispute had a conclusion. Purchase contract is a civil contract, but due to prior power of the government, public finance and the public purpose,it has its own unique principles. In this paper, the author combines the purchase contract defined in China’s current law system and biding procedure,analyzes the legal nature applicable principles, validity, performance and legal responsibilities. In the end,the author offers some suggestions by referring to foreign advanced experience.The foreword introduces the basic concepts and background of the government procurement, it can improve the the public service, avoid corruption and promote the transformation of the government functions. The first part introduces the nature and principles of the government purchase of public service contract,then analyzes four major domestic doctrine, and proves the government purchase of public service contract is a civil contract from the theory, the contract parties’position and the law system.Then revises the Double stage theory.Finally discuss the principle and law applied.The third partintroduces the establishment and effectiveness of the government procurement of public service contract. Then analyzes the legal nature of behaviors and documents in bidding procedure combining with the validity of contract and invalid contract. The fourth part introduces the contract performance and super vision.The government procurement of public service contract discusses the basic principles of the contract performance and the right to remedy and defense under obstacles, make a simple study of collateral obligation and its performance.Then the author proves the necessity of contract oversight, and analyzes problems in China. The fifth part, legal liability, legal liability is Divided to Culpa and responsibility for breach of contract, its background, and discuss the principles, form of liability Respectively The sixth part introduces how to improvement of the government procurement of public service contract. The seventh part make a brief summary of the study of the the government procurement of public service contract.