The Research Of The Legal Nature Of Government Public Services Contracts

Appearing the fact of the low efficiency of the public service delivery, and the social public to public service and the quality of the conflict between growing demand, we should reform and improve the public service supply mode. Social organizations such as continuous development and improvement of third sector itself gradually become intermediaries between market and government power, for the mercerization and socialization of public service supply mode provides the organization foundation. On the other hand, the concept of the welfare state, the modern administrative law's understanding of "administrative" is no longer limited to the traditional administrative intervention or administrative order, pay administration theory of diversification trend of development and perfection, and payment method. In the field of public administration, public administration also exists the phenomenon of private law. These are for the government to purchase the formation and development of public service provides a theoretical basis.Contract is the main mode of government purchase of public services and tools. However, the theory of law for the government to buy in the process of public service government and social organizations and relevant subject how to position, the legal nature of the purchase agreement signed in our country there are many theoretical controversy and define the complexity of the legal science.Government purchasing public service contract will be the theoretical basis, theoretical predicament and different theory defines path to comb, and probes into the different defines specific meaning, the content of the path, and also points out that defined authorization or trust by administrative, civil principal-agent contract and administrative law there are different degrees of irrationality and the disadvantages of the applicable law, that no matter from the characteristics of legal relation of the government purchasing public service contract, or applicable rules of the contract, such contract as the administrative contract is a proper and reasonable choice.