Research On The Legal Control Of Government Purchasing Public Service Risk In China

The government purchase of public service is a new model and a new mechanism to meet the needs of social development.Under the background of the market economy and the construction of service-oriented government, the accelerated transformation and transformation of economy and society have promoted the transformation of government functions. Government procurement of public services began in western developed countries, in China is still in its infancy.Government purchase of public service is a moderate marketization of public service. The function of government should be changed from "producer" to "manager",and it should be changed to the formulation of the rules, the choice of the object and the control of the quality of service. The developed countries have a relatively mature experience and risk prevention mechanism in the government purchase of public service in the field, in the initial stage of our country although the government in this field has achieved initial development, but also exposed many problems. The imperfection of laws and regulations, and the backwardness of the system construction, make the government to purchase public service has many practical and potential risks. The academic circles are discussed respectively on the risk control from the economics and management of different point of view, this paper attempts to risk on the government purchase of public services from the perspective of legal control are put forward some suggestions and control measures, to better promote the healthy development of government purchase of public service.This article is divided into four parts to write. The first part of the government to buy public service risk of the meaning, type and the causes of risk generated in-depth exposition, pointed out that the government signed before the purchase contract and the implementation of the contract in the risk; the second part of the government to buy public service risk law The necessity of control is analyzed. First of all, the success of the purchase of public service risk control in the United States, Britain and Japan and the revelation of our country are expounded, and then the protection of risk and legal control measures on the order and safety is analyzed. National and social public interests, and promote the government to purchase the public service of the healthy development of the great significance; the third part of the current level of legislation in China and supporting the construction of the lack of legislation, imperfect legislation and supporting system is not sound to the government to buy The risk of public service can not be effectively controlled; Finally, in the comprehensive consideration of legislation, policies and the current situation of the situation, based on long-term, put forward to preventChina's procurement of services, risk of legal control measures, namely: in the construction of a complete government to buy public services On the basis of the legal system Improve the transparency of government procurement of public service information disclosure system, improve government procurement of public services supervision system, construction of government procurement of public service scientific evaluation mechanism, topology government procurement of public services dispute resolution mechanism. With a view to enable the Government to purchase public service in our country to embark on a rule of law, specialization and standardization of the road,making the government purchase of this new model of public service has made great progress in our country.