The Study On The Purchase Of Public Service Agreements By County-level Governments

The purchase of public services from social organizations is the governance innovation of the government in the field of public services.Which has improved the government's efficiency and reduced the burden but also innovated the pattern of public service by introducing the social and market forces.The relevant legislation has been issued one after another by the General Office of the State Council,the Development and Reform Commission,the Ministry of Finance and other departments.The government purchase of public services has been vigorously promoted nationwide.Although the purchase of public services by grass-roots governments in our country is increasing with the development of economy,there are still many problems in the field of government purchase of public services due to imperfect system and laws and so on.The government purchase of public services is restricted by agreements therefore the perfection of its agreement is the key to improve the efficiency of dispute resolution.The structure of the paper totally consists of four parts.The first part is to analyze the county government purchase of public service of a specific field and introduce the local original models:a third party supervision model and urban management service model.On the basis of case study,it analyzes different dispute resolution methods between dispute cases on county government purchase agreement and similar cases in other regions.Through comparing with different cases,some problems are concluded: obvious policy existing in the agreement and implementation of the government purchase of public services in China's county-level government,low legal rank,lack of market competitiveness of social organizations and imperfect supervision system.The second part is mainly about the significance of choosing a county's government purchase of public services in Henan province as a sample,the economic situation of the government and the general scope of its purchase of public services.Choosing grass-roots government purchase of public services as the sample,we can deeply understand all the circumstances while purchasing public services,providing the reference for other areas in our country.County is the most basic and complete economic unit in our country's political and economic system,and it is also the bridge between city and countryside.Solving the problem of county government's purchase of public services can promote the system development of the government purchase of public service.The third part is about the analysis of the agreement on the government purchase of public services from legislative,executive and judicial perspectives.According to problems mentioned in the cases of the second part,it also makes legal analysis on disputes of the agreement's legal nature,the interests and risks of government and undertakings,strengthening of public interest,and problems in relief supervision mechanism.The fourth part is some suggestions that are put forward to improve the agreement on the government purchase of public services.The specific suggestions are as follows.With a large grass-roots government as a point of force,the nature of the purchase agreement should be clarified from the point of view of uniform legislation.Efforts also should be made to guarantee the distribution of the interests and risks of government and undertakings and consummate service assessment framework to safeguard the public interest.Moreover,it is of importance to improve the agreement in terms of establishing statutory relief mechanisms and enhancing public participation.The paper is to provide some theoretical support for the development of the system on the government purchase of public services in our country.