The Research On Chinese Local Government's Purchase Of Public Legal Service

The government's monopoly of public service will easily lead to inefficient supply and financial crisis. The public services shall be open to the market and introduce competitive mechanism oriented by market value. The government tries to meet the needs of society and the public by its purchase of public service in the market and achieve the balance between service supply, cost efficiency and quality of service.The balance between service supply, cost efficiency and quality of service can be achieved via marketization of public services, market-oriented value, introduction of competitive mechanism when the demands of society and the public are met by the government through its purchase of public services in the market.Public legal service is an indispensable public service produced in the construction of legal environment during legal construction. Based on the research of Chinese government's purchase of public legal service and starts from the cases in which Zhongshan and Hangzhou government purchases public legal services, this paper analyzes, studies and points out the current problems in the government's purchase of public legal services and puts forward relevant suggestions in order to improve the purchase of public legal services of the Chinese government.This paper starts from the establishment of the government ruled by law and society with rules of law, applies new theories of public management,?public service ?Public goods and public governance and puts forwards the significance and necessity of government's purchase of public legal services.Based on the retrospect of the history of Chinese government's purchase of public service and introduction of current situation, this paper selects two exemplary cases of local governments(Zhongshan government and Hangzhou government) in terms of the purchase of public legal services. Starting from and by centering on public service theory and Chinese national conditions and with adoption, application of combined methods of examples and comparative analysis, comprehensive integrated use of interdisciplinary subjects like Public Management, Law and Finance, this paper is conducted on four aspects: principal role and interest conflicts of public service transaction, boundary and content of public legal service, the government's purchase of public legal service mechanism, performance evaluation, supervision & control and analyzes under the support of based on domestic and foreign literature and by means under the support of quantitative demonstration or factual proof.This paper clarifies the demarcation between subject and content of government's purchase of public legal services, conducts analysis of some misunderstandings in practice and puts forwards definite concept of public legal service target and its long-range planning in an attempt to advance healthy development of Chinese government's purchase of public legal service by means of strengthening budget management, improving mechanism of government procurement,developing service market and establishing a multi service supply system.This paper proposes in the first place that the subject of purchasing service and behavior must be defined in government's purchase of public legal services in order to maintain unification of the subject's responsibility and right and avoid conflicts among different roles; Secondly, the content and demarcation of public legal service shall be clarified so as to distinguish itself from legal services of government function outsourcing and government's purchase & personal consumption, and the differences between basic public legal service and general public legal service shall also be distinguished based on the level of services; Thirdly, Cultivate open fair and fair competition market,promote the development of market elements,strengthen the management and supervision of suppliers;Fourthly, the government's purchase of public legal service shall be included into budget management and stepped up, such behavior shall be normalized through the improvement of government purchase mechanism; Fifthly, Fifthly, establish a diversified public legal service supply system,effective integration of resources, through improving and nurturing the market?promoting the third sector mature development, to realize the sufficient and effective supply of public legal services.Starting from cases with exemplary values and through depending on the analysis and studies, together with the latest central policy system, this paper proposes quotable conclusions and countermeasures, which are of great time efficiency and value for studying policies about Chinese government's purchase of public legal service and concrete implementation, meanwhile, provide evidence for the local government to explore and renovate the government's purchase of public legal service.