Research On Legal Issues Of Government Purchasing Public Services

With the rapid development of economy,people's demand of public services is increasing continually,with deepening of the reform of Chinese government's administrative system;the form of government purchasing public services has emerged in the field of supplying public services.As so far,China has not promulgated law with higher legal effectiveness,and neither formulated any special law to regulate the government purchasing public service.Practicing of government generally reference to Government Procurement Law,Bidding Law,Budget Law and so on.In 2015,China performed The Regulation of Government Purchasing Public Services,but this regulation can only provide a framework of practicing.Chinese local governments also make some regulations,but cannot solve partial problems in the practicing of government purchasing public services.The purpose of this paper is to researching on the legal issues from two angles of theory and practice of government purchase services in China,and trying to propose suggestions on the perfection of legal system of government purchasing public services.This paper will be based on the theory basis of government purchasing public services and the analysis of the related definitions,sum up experiences and enlightenments of other countries,inspect the practice of government purchasing public services in China,try to analyze drawbacks of the government purchasing public services in our country,and puts forward proposals for perfecting.In addition to the first chapter,this paper is divided into four parts:The second chapter of this paper is an overview of the government purchasing public services.Defining relative conceptions of the government purchasing public services,ascertaining the objects,methods,scope and other elements of purchasing,has been clear about the public welfare,effective competition,diversified,and comprehensive supervision principles;combing the history of government purchase public services and the development of our country specially;researching management and law theory basements of government purchasing public services.The third chapter of this paper mainly by studying the government purchasing public services practice of some cities in China,analyzes the difficulties of government purchasing public service law system construction,difficulties mainly asfollows: the lack of government purchasing service legal system construction,the exists of administrative color in the process of purchasing,the lack of the public service organization cultivation,supervision and evaluation mechanism is imperfect,the absence of dispute settlement mechanism,etc.The fourth chapter of this paper concluded our country can draw lessons from the practice of countries outside,mainly introduced the mode of American that emphasis on competition and efficiency,the mode of British that develop the power of third party,the mode of German that dominated by the public community.The fifth chapter of this paper is the author's suggestions put forward to solve the five difficulties in the third chapter summarized.The suggestions are as follows:perfecting the system of government purchase public services legal system,eliminating the administrative color and relationships,speeding up cultivating public service organizations,setting up a full range of supervision and evaluation mechanism,establishing a dispute settlement mechanism,etc.